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SHORTER COURSE 



IN 



CIVIL GOVERNMENT 



ARRANGED IN TOPICS, WITH NUMEROUS QUESTIONS 
FOR CONVENIENCE IN TEACHING 



BY 

CALVIN TOWNSEND 

Counselor at Law 

Author of " Analysis of the Constitution of the United States," "Analysis of 

Civil Government," "Compendium of Commercial Law," 

" Analysis of Letter-Writing," etc. 



NEW YORK •:• CINCINNATI •:• CHICAGO 

AMERICAN BOOK COMPANY 



JK25 



5!i6 



Copyright, 1875, by Calvin Townsend. 

Copyright, 1892, by American Book Company. 

Copyright, 1903, 1912, by Edward C. Townsend. 



MO. ED. TOWN. S. C. CIV. GOV. 

w. p. 4 



CCI.A316897 



PREFACE. 



THE first attempt ever made to present the subject of 
Civil Government in a really didactic form was made 
by the author a few years ago, through his "Analysis of 
Civil Government." Although the method was entirely 
new and therefore open to fair criticism, that work has been 
received with favor, and is used as the text-book on the 
subject by many of our most prominent institutions of 
learning. From its first appearance, the call for it has 
increased to an extent both flattering to the author and 
gratifying to the publishers. 

But it would be difficult, if not impossible, to prepare a 
text-book on any subject equally adapted to all grades of 
scholarship. A book may meet the wants of a college or 
university, which may not be convenient for use in pre- 
paratory schools. Hence, while the " Analysis of Civil 
Government " has proved its entire fitness for the higher 
institutions, the calls have been numerous from teachers of 
common, select, and grammar schools, for a shorter text- 
book, but on the general plan of the "Analysis." 

Thousands of our live, earnest, devoted educators believe 
with a working faith that the day is not distant when civil 
government will be in the list of compulsory studies in the 
common school. From many of this class of faithful labor- 
ers the author has received letters urging and encouraging 
him to the preparation of this little volume. One corre- 
spondent says, " The common schools do not call for a bet- 
ter book than your ' Analysis of Civil Government,' but for 
one that is shorter, simpler, and more easily taught to the 
boys and girls of ages from twelve to sixteen years. Your 
'Analysis' is all that could be asked in high schools, nor- 
mal schools, and even colleges and universities." 

iU 



iv PREFACE. 

This little volume is not intended to take the place of 
the author's larger work, herein referred to. Every teacher 
who uses this will find that book a great convenience, if 
not a necessity, on his table. It dwells more at large and 
in detail on many matters that are but very briefly noticed 
in these pages. 

The peculiarities of this class-book are in some degree the 
result of friendly suggestions from sources already credited, 
and are as follows: — 

1. The matter is presented by topics and in analytical form. 

2. The chapters are divided into lessons, each of conven- 
ient length for class drill. 

3. For convenience in teaching, each lesson is immediately 
followed by questions relating to the subject-matter thereof. 

It has not been thought necessary to take up the govern- 
ments of the States and their subdivisions and treat them 
one by one as independent and separate systems. There 
is such a marked similarity of the several State govern- 
ments to each other and of all to the government of the 
United States, that whoever understands the grand plan of 
the latter will readily comprehend the general features of 
any State government by a mere glance at the State con- 
stitution. 

As this edition is designed specially for use in Missouri, 
however, it has been deemed advisable to insert a brief 
treatment of the government of that State. This treatment, 
embraced in Chapters XXIL to XXVI. inclusive, and pre- 
pared under the supervision of Prof. J. M. White, of Car- 
thage, Mo., will enable the pupil to appreciate the general 
similarity as well as the slight differences between the State 
and Federal governments. 

The author submits the result of his effort to the candid 
and enlightened judgment of the great army of educators 
in the United States. He has labored under a most painful 
burden in this last attempt at authorship, — one which he 
fervently prays that neither teacher nor pupil may ever 
personally realize. He alone can fully appreciate the em- 
barrassment under which this work has been written who 
has himself attempted a similar task with sightless eyes. 



CONTENTS, 



CHAP. PAGE 

I. Civil Government , . . . , . . ' i 

II. Settlement of America .... = . 13 

IIL Articles of Confederation . . o , . 17 

IV. Origin of the Constitution ..... 20 

V. Constitution of the United States of America . 25 

VI. Branches of Government 46 

VII. Preamble to the Constitution , , . .52 

VIII. Congress 58 

IX. House of Representatives 00.. .0 62 

Xo Senate o s 79 

XI. Provisions Common to both Houses , . .95 
XII. Powers of Congress . o . . • • • "o 

XIIIo Lawmaking o . 149 

XIV. Prohibitions on the United States o . « 154 
XV. Rights of States „»,..» o- 167 



vi CONTENTS. 

CHAP. ' PAGE. 

XVI. State Subordination . . . o . . 178 
XVII. State Prohibitions . . . ... . .182 

XVIII. Personal Rights ...<.. o . 189 
XIX. Executive ......... 202 

XX. Vice-President . . , . . ■. . . 222 

XXI. Judiciary 227 

XXII. Government of the State of Missouri . . 243 

XXIII. County, Township, and School District . . 259 

XXIV. Taxation ; . 267 

XXV. Education 270 

XXVI. The Militia .275 

Constitution of Missouri 277 



Short Civ. Gov. Mo. Ed. 



CHAPTER I. 

LESSON I. — CIVIL GOVERNMENT, 



The word "government," in its general and comprehen- 
sive sense, signifies that influence and power which one 
person or thing exercises over others. The mainspring of 
a watch, for instance, governs the movement of that ma- 
chine. Gravitation governs the motions of the heavenly 
bodies, and, to some extent, of all others. 

A father governs his family. The mayor and aldermen 
of a city govern the affairs of that corporation. The pres- 
ident and professors of a college or univer- Definition of 
sity are called the faculty, who govern the Government. 
institution, as the schoolmaster governs his school. The 
sovereign of a nation governs the people of whom it is 
constituted. No nation could exist, as such, for a single 
month without organized government in some form or 
other. No citizen could enforce hiS rights to security 
of property and personal safety against the attacks of 
the vicious and depraved. He would not be safe under 
his own roof, but would be in constant danger while sleep- 
ing in his own bed and reposing on his own pillow. 

This would be a condition of fearful anarchy. Under 
such a state of things, no person could feel the least in- 
terest in the accumulation of property, for it would be 
sure to be wrested from him by the hands of thieves and 
robberSo He could feel no incentive to the cultivation of 



2 CIVIL GOVERNMENT. 

fields and gardens, for they would be despoiled by ruth- 
less vandals and reckless marauders. 

Without the power of government in some organized 
form, the sufferers from such outrages could obtain no 
redress, except through those retaliatory measures that 
must lead to anarchy and bloodshed among the parties 
concerned. There would be no tribunal by which to try, 
condemn, and by whose authority to punish, such offend- 
ers. The weak must surrender to the strong, and right 
must give way to might. Mere physical force and brutal- 
ity would triumph over justice and reason. The strong 
man, like the strong beast of the forest, would be king 
among his kindred. But, under the authority of good 
government, the bad man, however gigantic in form and 
strength, may be restrained in his vices, and punished 
for his crimes. 

As here used, the word " government ^' signifies the organ- 
ized means and power that a state or nation employs for 
the purpose of securing the rights of the people, and of 
perpetuating its own existence. 

Government is of various forms, depending on the 
choice of those who have the power to establish it. The 
Forms of Govern- most ignorant nations are governed by 

ment varij. tyrants and despots, who rule without any 
regard to the welfare of their subjects. The caprice of the 
sovereign is the law ; and it must be obeyed, though the 
heads fall from the shoulders of a thousand subjects at a 
blow. Nothing but the profoundest ignorance of the' 
people could give security and stability to the throne of 
the despot. " Despotism is the only form of government 
which may, with safety to itself, neglect the education of 
its infant poor." The despot rules without regard to a 
constitution or laws. 

Hence history shows that the more despotic the govern- 



CIVIL GOVERNMENT. 3 

ment, the more ignorant the common people. Let the 
people be educated the world over, and despotic govern- 
ments would be known only as institutions of the past. 
They would be lost in bygone history. 

The statesman knows that a form of government well 
adapted to the condition of a refined and intelligent peo- 
ple is not the form adapted to a people sunk in ignorance 
and superstition. The common schoolhouse is an enemy 
to despotism, and the friend to free government. Intel- 
ligence qualifies the citizen for self-government. It en- 
ables him to judge for himself on all questions aifecting 
the public interest. He is not satisfied when denied a 
voice in their decisions. 

While a free government, like that of the United States, 
is the best possible form for an intelligent and virtuous 
people, on the other hand, it is the very worst for the igno- 
rant and depraved. Under the sway of the latter class, 
the power of administration would be likely soon to fall 
into the hands of political intriguers and ambitious dema- 
gogues. 

The safety of our government depends entirely on the 
virtue and intelligence of the common people. An igno- 
rant voter, with the ballot in his hand, may do as much 
damage to the commonwealth as the mercenary legislator 
or a corrupt executive. 

The following are the principal forms of government 
known in history: I. Patriarchal; 11. Theocratic; III. 
Monarchial ; IV. Aristocratic ; V. Dem- principal Forms 
ocratic; VI. Republican. In some coun- of Govemutent. 
tries there may be a combination of two or more of them, 
while in others there may be a modification of any one of 
them. 

I. The patriarchal was the first and is the oldest human 
government. It is family government, or that form exer- 



^ CIVIL GOVERNMENT. 

cised by the father over his family. From the neces- 
sary relations of a father to his household, this kind of 

1. Patriarchal government is founded in nature. It ex- 
Governrnent. jgted from the earliest ages, long before 

states and nations were known, and while there were but 
few inhabitants on the earth. It was the only form until 
several centuries after the Flood. It still exists in some 
parts of Asia, Africa, and among the North American 
Indian tribes. Indeed, in a limited sense, it prevails 
wherever there is a household to govern, though perhaps 
not in the ancient mode. Strictly speaking, it lies at the 
foundation of all good government. When every father 
becomes a true patriarch at home, the national security 
will rest on the moral sense and intelligence of the people. 

II. The theocratic form of government belongs, in his- 
tory, to the Old Testament ages. A theocracy is a form of 

II. Theocratic government under the immediate direction 
Government, ^nd administration of God. The ancient 
Israelites were governed in this manner for nearly fifteen 
hundred years. They received their law on Mount Sinai 
by direct revelation from God. This form of government 
became extinct at the dawn of the Christian era. 

III. A mojiarchial form of government is one that is 
administered by a monarch. The country, kingdom, or em- 
III. Monarchiai pire over which he exercises jurisdiction is 

Government, called a monarchy. It is that form of gov- 
ernment in which the supreme authority is vested in a single 
person, who is called the monarch. He may be otherwise 
called king, emperor, czar, shah, sultan, or by any other 
term significant of his position. 

With reference to the power vested in the sovereign, 
monarchies may be divided into two classes: i. Absolute; 

2. Limited. 

I. An absolute monarchy is one over which the sovereign 



CIVIL GOVERNMENT. 5 

rules with absolute power, holding himself responsible to 
no earthly tribunal for what he sees fit to do. He not 
only makes the law by which to govern his i. Absolute 
subjects, but interprets and executes it ac- Monarchy. 
cording to the caprices of his own will : in other words, his 
arbitrary will is the law of the realm. He does not, indeed, in 
all cases attend personally to the details of his government ; 
but he appoints subordinate officers for this purpose. Their 
tenure of office, their salaries, and even their lives, are at 
his disposal. If, in his tyranny, he order that a hundred or 
a thousand of his hapless subjects shall be decapitated, 
their heads are severed from their bodies. 

Such a ruler is a despot, and his government a terrible 
despotism. Morocco, Afghanistan, and some other Oriental 
countries, are absolute monarchies. 

2. A limited mou7ixch.y is a government in which the sov- 
ereign is restrained by a constitution and established laws. 
These laws have their force by the deci- 2. ijimited 
sions of the courts, by long-established Monarchy. 
usage, and by the enactments of the legislative authority. 

The monarch is simply the executive branch of the gov- 
ernment. He can execute the laws, but he cannot make 
them. The court, not the king, interprets them. The 
Parliament makes the statutes, though the assent of the 
sovereign is essential to their validity ; but that assent is 
rarely withheld. The sovereign of a limited monarchy has 
no right whatever to disregard the laws of his kingdom or 
empire : like his humblest subjects, he must obey them. 
Such a government may be called a constitutional mon^ 
archy. 

With reference to the sovereign's title to his throne, mon- 
archies are of two classes : {a) Hereditary ; {h) Elective. 

(a) Under an hereditary monarchy the sovereign obtains 
his title to the throne by birth. The oldest son of the de- 



6 CIVIL GOVERNMENT. 

ceased monarch takes the crown of his father by inheritance. 

If there is no son, the oldest daughter succeeds to the 

(a) Heieditari/ throne of the father. Edward VI. of 

Monarchy. England, though but a lad in years, suc- 
ceeded to the throne of his father, Henry VIII., in prefer- 
ence to his sisters, Mary and Elizabeth, both of whom were 
much older than the boy-king. At his death, having reigned 
but six years, Mary, his elder sister, was crowned. At her 
death, five years thereafter;, the younger sister, Elizabeth, 
was crowned Queen of England. 

Had Edward married, and become the father of children, 
they would have been heirs to the throne, to the exclusion 
of Mary and Elizabeth, 

William I., a foreigner, obtained the throne of England 
in a single battle, fought in 1066 on the north shore of the 
British Channel He is known in history as William the 
Conqueror. That single conflict of arms at Hastings de- 
cided who should occupy the throne of that country for more 
than eight hundred years, and probably for more than a 
thousand. The crown of royalty has rested on the brow of 
his descendants ever since the twenty-fifth day of December, 
the year of that eventful struggle. Yet not one of this long 
line of kings and queens has ever ascended the throne by 
the formal, expressed choice of English subjects. In many 
instances it has been occupied by foreigners, and in every 
case it has been claimed by right of birth. 

(5) An elective monarchy is one whose sovereign is elected 

to the throne by his subjects, or by those holding official 

(6) Elective positions giving them a voice in the pro- 

MonarcMj. cccding. He is elected for life. There 

have been but few such monarchies. 

IV. An aristocratic government is one in which the power 
TV. Arutoe^afio ^o rule the affairs of state is vested in the 

Government. hands of a fcw persons, — a select body 



CIVIL GOVERNMENT. 



of men. Aristocracy signifies a government of the best or 
by ttie best. They may hold their positions by right of 
birth or by appointment. 

A government is said to be aristocratic the constitution 
of which establishes privileged classes, as the nobility and 
clergy, and intrusts the government entirely to them, or 
allows them a very disproportionate share in it. Such was 
formerly the government of Venice ; and some of the 
Swiss cantons are governed in the same manner. More 
or less of this element pervades the most powerful gov- 
ernments of Europe. It is wholly absent in the govern- 
ment and Constitution of the United States. We have no 
orders of nobility, and no privileged classes. 

V. A democratic form of government is one in which the 
ruling power, or the principle of sovereignty, is exercised 
by the people. Strictly speaking, it is one v. Democratic 
under which the people assemble together Government. 
at stated times, and all have a voice in making the laws by 
which they promise to be governed. 

By the word " people," as here used, the qualified voters 
only are included. The qualifications to vote are gen- 
erally defined by a constitution, called the fundamental 
law of the nation. Proper age, male sex, citizenship, and 
residence are the usual conditions for a voice in public 
affairs. 

Some of the cities of ancient Greece acted under this 
form of government, and some of the smaller Swiss can- 
tons govern themselves by the same mode; but it is a 
very unwieldy, clumsy method, and utterly impracticable 
in a state of considerable population, or breadth of territory. 

VI. A republican form of government is a representa- 
tive government. The state or nation yi. Republican 
is governed by laws made by representa- Government. 
tives chosen by the voters at elections held at stated 



6 CIVIL GOVERNMENT. 

times, and most of the officers of government are elected 
in substantially the same way. The officer or representa- 
tive is chosen by the people, and is their agent or ser- 
vant. 

A full definition of the word " republican," as generally 
understood, necessarily includes the element of democracy. 
The people's voice is heard in the election, and this is 
democratic. But the law-making and law-executing are 
done by those who are elected for these purposes. The 
latter is the republican element, or representative feature. 

Hence the government of the United States is demo- 
cratic-republican. The term " republican," however, is the 
one by which it is usually known. Defined by the extent 
and peculiarities of jurisdiction, the country known as the 
United States has two distinct classes of government. 
These are: i. State; 2. Federal. 

I. Each State, known and defined by geographical 

boundaries, has a dependent republican government of its 

J. state own. Before it entered the Federal Union 

Governments, jt posscsscd all the attributes of national 
sovereignty. It could make treaties and form alliances ; 
it could declare war, grant letters of marque and reprisal, 
and conclude peace ; it could raise and support armies and 
navies ; it could coin money, and emit bills of credit, and, 
in short, exercise all the prerogatives of an independent 
nation. 

But these powers, and several others, were surrendered 
to the General Government when the State became a mem- 
ber of the Federal Union. On assuming this relation, the 
States ratified the Constitution of the United States. By 
this act all the States not only created a new government 
over themselves, but entered into entirely new relations to 
each other. They accepted a Constitution as the bond of 
their union. 



CIVIL GOVERNMENT. g 

This bond clearly defines what they severally resign for 
the common good, and what they reserve. 

2. The Fede7'al Government is the outgrowth of this 
union of the several States. The form of this government 
is, like that of each of the several States, 2. Federal 
republican. It has, like the States, three Government. 
distinctive branches or departments : the legislative, exec= 
utive, and judicial. 

The Nation has its president, and the State has its gov- 
ernor; the Nation has its vice-president, and the State its 
lieutenant-governor. The Nation has its Congress, and the 
State its Legislature. The Nation has its federal judiciary, 
and the State has its system of courts. In many other 
respects the pupil will find a close analogy between the 
State and Federal government. If he will make himself 
well acquainted with the Constitution of the United 
States, he can easily acquire a general knowledge of any 
State government by attentively reading its constitution. 
He will find that in many particulars the State constitu- 
tions are not only similar to each other, but in numerous 
instances bear a striking resemblance to the Constitution 
of the Federal Government. 

Although six specific forms of government have been 
defined, they are either monarchial or democratic in char- 
acter, or a mixture of these. Patriarchal Governments 
and theocratic are definite forms of the compared. 
monarchial The rule of an empire by one man is of the 
same class. God governed the Israelites by direct au- 
thority; the father governs his family by direct com- 
mand j and the will of the absolute sovereign is the 
law for his millions of subjects. These several types of 
the monarchial form are called by different names, because 
thereby the exact relations of sovereign to subjects are 
more clearly expressed^ 



lO CIVIL GOVERNMENT. 

The democratic form is a government " of the people^ 
by the people, and/^r the people." A republican govern- 
ment might be defined by the same words. The sov- 
ereignty is in the people, but is exercised indirectly. They 
choose their own officers, law-makers, and law-interpreters. 
In a few instances the officers are chosen by intermediate 
authority ^ but this method is sanctioned by the people. 

A government purely aristocratic, as generally defined^ 
can hardly be found in history^ certainly not of long con- 
tinuancCo This element may be combined with the mo- 
narchial or democratic, and it usually is ; but as an inde- 
pendent government it must be a usurpation. It excludes 
all idea of authority except what is assumed : for, if the 
aristocratic rulers derive their power from the sovereign 
of a kingdom or an empire, the monarchial form appears ; 
if, on the other hand, they are elected or appointed by 
the people, directly or indirectly, the democratic form ap- 
pears. In either case there is not an indepe7ident aris- 
tocracy, but one that is dependent on the form to which 
it is attached or allied. 

In all monarchies of modern times, whether absolute 
or limited, this element is present. In Great Britain, for 
Orders of instance, there is a titled nobility, distinct 
Nohiiity. from the royal family. It consists of sev- 
eral orders: dukes, marquises, earls, viscounts, and baronso 
Orders of nobility sit in the shadow of every earthly thronCc 
Without them, royalty itself must languish and die. 

Political Maxims. 

1. The good of the governed is the only true object of every gov= 

ernment. 

2. That government under w^hich the rights of all persons are not 

equally protected is organized injustice. 



CIVIL GOVERNMENT. II 

3. Under a genuine republican government there are no political 

distinctions of birth. 

4. An intelligent people cannot live under a government in which 

they have no voice. 

5. For a moral and intelligent people a republican government is 

the best in the world ; for an immoral and ignorant people 
it is the worst. 

6. The Constitution of the United States should be carefully 

studied by every American citizen. 

7. Every citizen should be familiar with the constitution of his 

own State. 

8. Every enfranchised citizen should exercise his right of suffrage. 

9. No citizen should approach the ballot-box ignorant of the ques- 

tion to be decided by his vote. 

10. The Constitution of the United States lies at the foundation of 

all political knowledge relating to this country. 

11. Schoolhouses and schoolmasters are forts and garrisons to a 

republic. 

12. In the United States the ballots of ignorant voters are more to 

be dreaded than the muskets of foreign soldiers. 

Questions. 

1. What does government mean ? 

2. What examples are given ? 

3. What could we do without government? 

4. Why would we be unsafe without it ? 

5. What are the advantages of government ? 

6. What does the word " government" here signify? 

7. What about the forms of government ? 

8. Who govern the most ignorant nations ? 

9. How do despots rule ? 

10. What does history show as to ignorance ? 

11. What does the statesman know? 

12. What is said of the schoolhouse ? 

13. What is said of the government of the United States? 

14. On what does its safety depend ? 

15. What is said of the ignorant voter? 

16. What forms of government are known in history? 

17. In what is the first founded ? 

18. What is said of it ? 

Short. Civ. Gtov.— 2 



12 CIVIL GOVERNMENT. 

19. Where does it now exist? 

20. What is said of a theocratic form ? 

21. When and over whom did it prevail 1 

22. Where did the Israelites receive the law ? 

23. What is said of a monarchy ? 

24. By what terms may monarchs be known ? 

25. How are monarchies divided ? 

26. What is an absolute monarchy? 

27. What countries are despotisms ? 

28. What is a limited monarchy ? 

29. What is the limit of the sovereign's power over it ? 

30. What may such a government be called ? 

31. What is said of a sovereign's title to his throne ? 

32. What example is given ? 

33. What is said of William the Conqueror ? 

34. What did the battle of Hastings decide? 

35. What is an elective monarchy? 

36. What is an aristocratic government ? 

37. Where have such existed ? 

38. What is said of it in Europe and in the United States ? 

39. What is the democratic form ? 

40. How are the qualifications to vote defined? 

41. Where has the democratic form prevailed ? 

42. What is a republican government ? 

43. What is that of the United States ? 

44. What is said of State governments ? 

45. What changes in the States on entering the Union ? 

46. What is the Federal Government ? 

47. How are the State and general government compared? 

48. What are the two J>nncipal forms of government? 

49. What are the others ? 

50. What is said of the democratic-republican form ? 

51. What of the aristocratic? 

52. What is said of this element in Great Britain ? 

53. What are orders of nobility there ? 



CHAPTER 11. 

LESSON II. — SETTLEMENT OF AMERICA. 



A COLONY consists of a company of people who associate 
together for mutual advantage in the settlement of a 
remote country. Having a common object, ^^^^^^^^ ^^^,^^^^ 
they generally are induced to thus unite on 
account of similarity of views on religionj pohtics, or social 
interest. They may migrate from a single country or 
nation, or from different countries. A settlement thus 
formed is called a colony, and this mode of settlement is 
called colonization. 

A colony usually adopts local laws for its own conven- 
ience, adapted to its circumstances, but subject to the 
general laws and government of the country from which 
the people of the colony emigrated. If they came from 
England, they would be called an English colony ; if from 
Spain, they would be called a Spanish colony ; thus taking 
the name from the country in which the inhabitants had 
formerly resided. 

Different parts of the great North American continent 
were colonized in the manner just named. Five hundred 
years ago nothing was known of America to the Europeans. 
It had not then been discovered. When Columbus first 
landed on these shores, the country was one vast wilder- 
ness, inhabited by rude and ignorant savages, having no 
knowledge of law, government, religion, science, literature, 



1 3 



14 CIVIL GOVERNMENTc 

or art. They had no churches, no schoolsj no gardens, no 
farms. They lived by hunting and gathering fruits and 
roots of spontaneous growth. They clothed themselves 
The American wlth the skins of beasts. As to their food, 
Colonies. they knew not how to preserve it ; made 
no provision for the future, but were dependent on each 
day^s efforts for each day's supply. Hence starvation might 
overtake them any day. They lived in rude huts and wig- 
wams, and slept on the bare ground through all seasons of 
the year. 

On account of religious and political intolerance and 
persecution in the countries of Europe, and other home 
grievances, thousands of people left their native country in 
the Old World and migrated to the New. Here they 
planted colonies all along the coast of the Atlantic in 
North America. These settlements were for the most 
part made by English subjects, and in the course of time 
the Colonies were all brought under the authority of the 
British Crown. 

When territory is found uninhabited at the origin of 
new settlements therein, it is usual to adopt the laws of 
the nation from which the settlers have migrated, so far as 
they may be found applicable to the new condition of things. 

Although this country was occupied by a wild, uncul- 
tivated, and savage population, without law or government 
in any civilized sense, the Colonists chose to consider 
themselves as settling an uninhabited territory. As a 
large proportion of the new settlers of these Colonies were 
from England, they would naturally lean to the jurispru- 
dence of that country. 

It must be remembered, also, that the Colonies were 
nearly all settled under the patronage and favor of Great 
Britain. Those that were not soon came under the 
jurisdiction of the British Crown. 



SETTLEMENT OF AMERICA. 



15 



The growth of the Colonies was slow and gradual, 
extending through a period of from one hundred to one 
hundred and fifty years. The following are the dates of 
their first permanent settlements : — 



Virginia c . . . , 1607 

New York, 1614 

Massachusetts. . „ » 1620 

New Jersey. » 1620 

New Hampshire ..1623 

Maryland 1634 

Connecticut. 1635 



Rhode Island... 00 ...1636 

Delaware ,,.... o.. . . . . . « . . 1638 

Pennsylvania o 1643 

North Carolina. 1663 

South Carolina 1670 

Georgia o ....,, . .1733 



Over these Colonies the British Government maintained 
supremacy for more than a hundred years. But the latter 
part of the eighteenth century the Colonies jj^e declaration 
became so disaffected towards the govern- «/" independence. 
ment of England, on account of what they regarded as 
oppressive measures of the British Parliament, that they 
were induced to declare themselves independent of the 
authority of that country. This formal act of separation is 
called the Declaration of Independence. It was made in 
a congress composed of delegates from all the Colonies, 
on the fourth day of July, in the year one thousand seven 
hundred and seventy-six. 

In this declaration the Colonies, by their representatives, 
proclaimed themselves free and independent States. They 
abjured all allegiance to the British Crown, and assumed, 
that, as free and independent States, they possessed all 
the attributes and prerogatives of a sovereign and inde- 
pendent nation. 

The Colonies had been at war with Great Britain for 
more than a year before this declaration. The war con- 
tinued seven years longer, and resulted ^7^^ devolution. 
in the complete triumph of the American ^^ ^***'' 
cause. Great Britain acknowledged the independence of 



l6 CIVIL GOVERNMENT. 

the United States, and peace between the two countries 
was proclaimed in one thousand seven hundred and 
eighty- three. 

Questions. 

1. What is a colony ? 

2. What does a colony usually do? 

3. From what does a colony take its name? 

4. What was the condition of the country when Columbus first 

landed in. America? 

5. What is said of the savages ? 

6. Why did people leave the Old Country for the New? 

7. What did they do here ? 

8. By whom were most of the settlements made? 

9. Under whose authority were they ? 

10. What is the practice on finding new territory? 

11. What did the Colonists consider the territory which they 

settled ? 

12. Under whose patronage were the Colonies established ? 

13. What is said of the growth of the Colonies ? 

14. What was the date of the settlement of each ? 

15. How long did the British Government maintain supremacy 

over these Colonies ? 

16. What occurred the latter part of the eighteenth century ? 

17. What is this formal act called in history? 

18. By whom and when was it made ? 

19. What did the Colonies proclaim in this declaration ? 

20. How long did the war continue? 

21 When was peace proclaimed between the two countries? 



CHAPTER III. 

LESSON III. ~ ARTICLES OF CONFEDERATION. 



After the Declaration of Independence was passed, 
a plan was adopted by which to unite the States as one 
nation. In the month of September, 1776, The Articles of 
Congress proposed Articles of Confedera- confederation. 
tion, and caused them to be sent to the several States, 
asking for their ratification of the same. These articles 
were not to be binding between the States ratifying them 
until they should receive the approval of all. 

In July, 1778, the ratification of all the States had been 
obtained, except Delaware, New Jersey, and Maryland. 
The assent of New Jersey was given Nov. 25 of the same 
year; of Delaware, Feb. 22, 1779; and of Maryland, 
March i, 1781. On the second day of March, 1781, Con- 
gress assembled under the Confederation. 

But the Revolutionary War, which began in 1775, had 
continued all this time j during which the States had been 
united by the ties of a common interest, by the sense of a 
common danger, and by the necessities of a common 
cause, having no written bond of union. In short, they 
were held together by their fears. 

The following are some of the peculiarities that dis- 
tinguish the Articles of Confederation from the present 
Constitution. 

17 



1 8 CIVIL GOVERNMENT. 

1. The Confederation was declared to be a firm league of friend- 

ship between the several States. 

2. Delegates to Congress were to be appointed annually, in such 

manner as the Legislature of each State might direct. 

3. The power was reserved to the States to recall their delegates, 

or any of them, within the year, and to send others in their 
places for the remainder of the year. 

4. No State was allowed representation in Congress by less than 

two nor more than seven members. 

5. No person was eligible to a seat in Congress for more than 

three, in any term of six years. 

6. Each State had to maintain its own delegates in a meeting of 

the States, and while as members of the committee of the 
States. 

7. In determining questions in the Congress, each State had but 

one vote. 

8. All charges of war and other expenses, incurred for the com- 

mon defense and general welfare, were to be defrayed out 
of a common treasury. 

9. The treasury was to be supplied by the several States, in pro- 

portion to the value of all lands, and the improvements and 
buildings thereon, within each State, granted to or surveyed 
for any person, to be estimated according to the direction 
of Congress. 

10. Congress was to send and receive ambassadors. 

11. Congress was the tribunal of last resort, on appeal, in all dis- 

putes and differences between two or more States concern- 
ing boundary, jurisdiction, or an)'^ other cause whatever. 

12. Congress was the tribunal to decide all controversies concern- 

ing the private right of soil claimed under different grants 
of two or more States, under certain limitations. 

13. Congress was to commission all the officers of the United 

States. 

14. Congress had authority to appoint a committee, to sit during 

the recess of that body, to be denominated "a Committee 
of the States," and to consist of one delegate from each State. 

15. Canada, acceding to the Confederation, and joining in the 

measures of the United States, was to be admitted into 
the Union. 

16. The Union was to be perpetual. 

17. No provision was made for any such officer as president. 

18. There was no national judiciary. 

19. Congress consisted of but one House. 



ARTICLES OF CONFEDERATION. 1 9 

By reference to the foregoing synopsis of peculiariiies in 
the Articles of Confederatiou, it is not remarkable, that, as 
a constitution for the country, they soon ^^^ confedera- 
proved a failure. They were hastily pre- tion Vnsatisfac- 
pared^ and, public attention being almost ^^^' 

wholly absorbed on the great events of the day, they did 
not receive that critical investigation which their impor- 
tance demanded. As a plan of union, they were never 
entirely satisfactory to the leading statesmen of that day. 

It was but five or six years after their ratification by all 
the States before decisive steps were taken for their re- 
vision. Their insufficiency had become so. completely 
demonstrated that a wide-spread conviction prevailed that 
they must either be revised or abandoned, altogether. 

Questions. 

1. What was done after the Declaration of Independence? 

2. What was proposed by Congress? 

3 When did the States ratify the Articles of Confederation ? 

4. When did they go into operation ? 

5. How were the States united during the war? 

6. What were some of the peculiarities of the Articles of Confed- 

eration ? 



CHAPTER I V. 

LESSON W„ — ORIGIN OF THE CONSTITUTION. 



On the 21st of January, 1786, the Virginia Legislature 

took the first step which finally led to the formation of the 

present Constitution of the United States. 

The First Call for ^^^^ . ^. ^^^^^ ^^^ following reSO- 

a Convention^ . 

* lution : — 

^^ Resolved, That Edmund Randolph, James Madison^ 
Jr., Walter Jones, St. George Tucker, and Meriweather 
Smith, Esqs,, be appointed commissioners, who, or any 
three of whom, shall meet such commissioners as may be 
appointed in the other States of the Union, at a time and 
place to be agreed on, to take into consideration the trade 
of the United States ; 

"To examine the relative situations and trade of said 
oxares , 

" To consider how fai a uniform system in their com- 
mercial regulations may be necessary to their common 
interests and their permanent harmony j 

" And to report to the several States such act relative to 
this great object, as, when unanimously ratified by them, 
will enable the United States in Congress effectually to 
provide for the same. " 

The time and place of meeting were left to the commis- 
sioners, and they fixed on the first Monday of September 
following, at Annapolis, Md. In response to the action 

3 



ORIGIN OF THE CONSTITUTION. 21 

of Virginia, but eight States appointed commissioners to 
attend the meeting. When the time of meeting arrived, 
only five States were represented : New York, Pennsyl- 
vania, Virginia, Delaware, and New Jersey. 

The meeting, it had become evident, must prove a 
failure; for so few commissioners were present, it was 
thought to be unwise to proceed to the But Five states 
business for which the meeting was called. respond. 

But they were reluctant to adjourn without taking some 
forward step. 

The New Jersey deputation had a commission extend- 
ing its object to a general provision for the " exigencies 
of the Union." Acting on this suggestion, a recommen- 
dation for this enlarged purpose w^as reported by a com- 
mittee to whom the subject had been referred. 

That report was written by Alexander Hamilton of 
New York, and addressed to the Legislatures of the States 
represented in the convention. 

This report was an able, lucid, and elaborate document, 
recommending another convention of deputies from all 
the States, to meet on the second Monday of May follow- 
ing, 1787, in the city of Philadelphia. A copy of the 
report w^as also sent to Congress. 

Virginia again took the lead, and was the first to ap- 
point deputies to the proposed Philadelphia Convention, 
among w^hom was their most distinguished citizen, George 
Washington. 

Feb. 21, 1787, a resolution was moved and carried in 
Congress, recommending a convention to meet in Phila- 
delphia at the time suggested in the report, congress 
" for the purpose of revising the Articles recommends a 

, . „ Convention. 

of Confederation, and reportmg to Con- 
gress and the several State Legislatures such alterations 
and provisions therein as shall, when agreed to in Con- 



22 CIVIL GOVERNMENT. 

gress and confirmed by the States, render the Federal 
Constitution adequate to the exigencies of government and 
the preservation of the Union." 

But on account of the uprising, known as the Shays' 
Rebellion, in Massachusetts, which had occurred within the 
last year or two, the deranged condition of the finances of 
the country, and sharp controversies, verging on open hos- 
tility, between several of the States, the public mind was 
drifting in the right direction to favor the recommenda- 
tion of Congress. The States promptly acted through 
their Legislatures, and delegates were appointed to meet 
in the proposed convention to revise the Articles of Con- 
federation. 

On the day appointed, however, the second Monday in 
May, 1787, there was by no means a full representation 
The Constitutional of the Statcs, there being present but 

Convention. twenty-nine delegates. They did not im- 
mediately proceed to business, therefore, but adjourned 
from day to day, w^aiting for a fuller delegation, until Fri- 
day, the 25th. On that day they organized by unanimously 
choosing George Washington president of the convention. 

The daily sessions of that body continued until the 17th 
of September, four months and three days from the day 
appointed for their meeting. Their sessions were secret 
(they sat with closed doors) ; and, although the new Con- 
stitution was soon published to the people, the daily pro- 
ceedings of the convention were not known until more 
than fifty years after its labors were ended. 

James Madison of Virginia, afterwards President of the 
United States, was a member of the convention. He was 
a very ready writer of shorthand, and took copious notes 
of the proceedings. These notes were published by 
authority of Congress over fifty years thereafter, and 
several years subsequent tcr their author's death. They 



ORIGIN OF THE CONSTITUTION. 2$ 

are known in their published form, three large volumes, 
as *' The Madison Papers.'' 

When their labors were finished, a copy of the new 
Constitution was sent to Congress, then in session, with 
the recommendation that it should be presented to the 
people for ratification by State conventions called for that 

purpose. 

In response to the recommendation of the convention, 
•Congress took the necessary steps to have the new Con- 
stitution transmitted to the several State Ratification of the 
Legislatures, in order to be submitted to Constitution. 
a convention of delegates chosen in each State by the 
people thereof. 

By the terms of that document, the ratification of the 
conventions of nine States was declared sufficient for its 
establishment between the States so ratifying the same. 

Three States ratified it before the close of the year 1787, 
and eight more by the 26th of July, 1788; so that, in less 
than one year from the time of its submission to the 
people, a sufficient number of States had accepted it as the 
fundamental law of the land to warrant the commence- 
ment of operations under it. 

Under the direction of Congress, representatives were 
elected by the people, and senators by the State Legisla- 
tures, and electors of President and Vice-President were 
chosen. On Wednesday, the fourth day of March, 1789, 
the first Constitutional Congress met, and proceedings 
were commenced under the new organization soon after. 

In those days travel was far more difficult than in these 
later days of railroad facilities. A quorum in Congress, 
therefore, did not assemble until the 6th y^^ 

of April, at which time the votes for New Government 

President were counted ; and it was found 

that George Washington was unanimously elected. John 



24 CIVIL GOVERNMENT. 

Adams of Massachusetts was elected Vice-President. Thus 
the new government was now in full operation. 

Questions. 

1. What did Virginia do Jan. 21, 1786 ? 

2. Who were the commissioners appointed? 

3. What time and place did they select ? 

4. How many States appointed commissioners besides Virginia? 

5. How many and what States were represented in the meeting ? 

6. Why did not the meeting proceed to business? 

7. What course did they take ? 

8. What subject was referred to a committee? 
g. By whom was that report written ? 

10. What was the substance of the report? 

11. What course did Virginia take? 

12. What was done in Congress about the matter? 

13. What circumstances caused a favorable change in the public 

mind ? 

14. What course did the States take? 

15. How many delegates appeared at the time and place of meet= 

ing? 

16. When did the convention organize ? 

17. Who was chosen president? 

18. How long did the session continue? 

19. How were the sessions held ? 

20. What is said of Mr. Madison? 

21. What was done when the convention finished its work ? 

22. What course did Congress take ? 

23. How many States ratified it in 1787? 

24. How many in 1788 ? 

25. What proceedings followed these ratifications? 

26. When did the first Congress meet ? 

27. Who was chosen the first President ? 



CHAPTER V. 

LESSON V.' — CONSTITUTION OF THE UNITED 
STATES OF AMERICA. 



NoTEo — A figure in parentheses is placed at the beginning of each clause of 
this copy of the Constitution, for convenience of reference in the following pages. 



(i) Preamble. — We, the People of the United States, 
in order to form a more perfect union, establish justice, 
insure domestic tranquillity, provide for the common 
defense, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United 
States of America. 

(2) Article I. Seaion i. — All legislative powers herein 
granted shall be vested in a Congress of the United 
States, which shall consist of a Senate and House of 
Representatives. 

(3) Sectioji 2. — I, The House of Representatives shall 
be composed of members chosen every second year 
by the people of the several States, and the electors 
in each State shall have the qualifications requisite 
for electors of the most numerous branch of the State 
Legislature. 

(Ji) 2. No person shall be a representative who shall 
not have attained to the age of twenty-five years, and 
been seven years a citizen of the United States, and 

1 The teacher should require the pupil to become so familiar with this lesson 
that he will be able to answer the questions at the end of it. 

35 



26 CIVIL GOVERNMENT. 

who shall not, when elected, be an inhabitant of that 
State in which he shall be chosen. 

(5) 3. Representatives and direct taxes shall be ap- 
portioned among the several States which may be 
included within this Union, according to their respec- 
tive numbers, which shall be determined by adding to 
the whole number of free persons, including those 
bound to service for a term of years, and excluding 
Indians not taxed, three fifths of all other persons. 
The actual enumeration shall be made within three 
years -after the first meeting of the Congress of the 
United States, and within every subsequent term of ten 
years, in such manner as they shall by law direct. The 
number of representatives shall not exceed one for 
eveiy thirty thousand, but each State shall have at 
least one representative ; and, until such enumeration 
shall be made, the State of New Hampshire shall be 
entitled to choose three, Massachusetts eight, Rhode 
Island and Providence Plantations one, Connecticut 
five, New York six, New Jersey four, Pennsylvania 
eight, Delaware one, Maryland six, Virginia ten, North 
Carolina five. South Carolina five, and Georgia three. 

(6) 4. When vacancies happen in the representation 
from any State, the executive authority thereof shall 
issue writs of election to fill such vacancies. 

(7) 5. The House of Representatives shall choose their 
speaker and other officers, and shall have the sole 
power of impeachment. 

(8) Section 3. — i. The Senate of the United States shall 
be composed of two senators from each State, chosen 
by the Legislature thereof for six years ; and each 
senator shall have one vote. 

(9) 2. Immediately after they shall be assembled in 
consequence of the first election, they shall be divided, 
as equally as may be, into three classes. The seats 
of the senators of the first class shall be vacated at 
the expiration of the second year ; of the second class, 
at the expiration of the fourth year ; and of the third 



CONSTITUTION OF THE UNITED STATES. 



27 



class, at the expiration of the sixth year ; so that one 
third may be chosen every second year : and if vacan- 
cies happen, by resignation or otherwise, during the 
recess of the Legislature of any State, the executive 
thereof may make temporary appointments until the 
next meeting of the Legislature, which shall then fill 
such vacancies. 
{10) 3. No person shall be a senator who shall not have 
attained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he 
shall be chosen. 

(11) 4. The Vice-President of the United States shall be 
president of the Senate, but shall have no vote unless 
they be equally divided. 

(12) 5. The Senate shall choose their other officers, and 
also a president pro tetnpore in the absence of the 
Vice-President, or when he shall exercise the office of 
President of the United States. 

(13) 6. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the President 
of the United States is tried, the chief justice shall 
preside ; and no person shall be convicted without the 
concurrence of two thirds of the members present. 

(IJf) 7. Judgment in cases of impeachment shall not 
extend further than to removal from office, and disqual- 
ification to hold and enjoy any office of honor, trust, or 
profit, under the United States ; but the party con- 
. victed shall nevertheless be liable and subject to indict- 
ment, trial, judgment, and punishment, according to law. 

(15) Section 4. — i. The times, places, and manner of 
holding elections for senators and representatives 
shall be prescribed in each State by the Legisla- 
ture thereof ; but the Congress may at any time, by 
law, make or alter such regulations, except as to 
the places of choosing senators. 

(16) 2. The Congress shall assemble at least once m 

Short. Civ. Gov.— 3 



28 CIVIL GOVERNMENTo 

every year ; and such meeting shall be on the first 
Monday in December,, unless they shall by law ap- 
point a different day. 

(17) Section 5. — i. Each House shall be the judge of the 
elections, returns, and qualifications of its own mem- 
bers ; and a majority of each shall constitute a quorum 
to do business, but a smaller number may adjourn 
from day to day, and may be authorized to compel the 
attendance of absent members, in such manner and 
under such penalties as each House may provide. 

(18) 2. Each House may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior^ 
and, with the concurrence of two thirds, expel a 
member. 

(19) 3. Each House shall keep a journal of its proceed- 
ings, and from time to time publish the same, excepting 
such parts as may, in their judgment, require secrecy j 
and the yeas and nays of the members of either 
House on any question shall, at the desire of one fifth 
of those present, be entered on the journal. 

(20) 4o Neither House, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that 
in which the two Houses shall be sitting. 

(21) Section 6. — i. The senators and representatives 
shall receive a compensation for their services, to be 
ascertained by law, and paid out of the treasury of the 
United States. They shall, in all cases except treason, 
felony, and breach of the peace, be privileged from 
arrest during their attendance at the session of their 
respective Houses, and in going to and returning from 
the same ; and for any speech or debate in either 
HousC;, they shall not be questioned in any other place. 

2. No senator or representative shall, during the 
time for which he was elected, be appointed to any civil 
office under the authority of the United States which 
shall have been created, or the emoluments whereoi 
shall have been increased, during such time i and no 



CONSTITUTION OF THE UNITED STATES, 29 

person holding any office under the United States shall 
be a member of either House during his continuance 
in office. 

{^3) Section 'J. — i. All bills for raising revenue shall 
originate in the House of Representatives; but the 
Senate may propose or concur with amendments, as on 
other bills. 

{2Ji) 2. Every bill which shall have passed the House 
of Representatives and the Senate, shall, before it 
become a law, be presented to the President of the 
United States % if he approve, he shall sign it ; but if 
not, he shall return it, with his objections, to that 
House in which it shall have originated, who shall 
enter the objections at large on their journal, and pro- 
ceed to reconsider it. If, after such reconsideration, 
two thirds of that House shall agree to pass the bill, 
it shall be sent, together with the objections, to the 
other House, by which it shall likewise be reconsid- 
ered j and, if approved by two thirds of that House, 
it shall become a law. But, in all such cases, the 
votes of both Houses shall be determined by yeas and 
nays j and the names of the persons voting for and 
against the bill shall be entered on the journal of each 
House respectively. If any bill shall not be returned 
by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same 
shall be a law in like manner as if he had signed it, 
unless the Congress, by their adjournment, prevent its 
return j in which case it shall not be a law. 

{25) 3. Every order, resolution, or vote to which the con- 
currence of the Senate and House of Representatives 
may be necessary (except on a question of adjourn- 
ment) shall be presented to the President of the United 
States, and, before the same shall take effect, shall be 
approved by him, or, being disapproved by him, shall be 
re-passed by two thirds of the Senate and House of 
Representatives, according to the rules and limitations 
prescribed in the case of a bill. 



30 CIVIL GOVERNMENT. 

Sectio7i 8. — The Congress shall have power, — 

{26) I. To lay and collect taxes, duties, imposts, and 
excises, to pay the debts, and provide for the common 
defense and general welfare, of the United States j 
but all duties, imposts, and excises shall be uniform 
throughout the United States ; 

(^7) 2. To borrow money on the credit of the United 
States ; 

{28) 3. To regulate commerce with foreign nations and 
among the several States, and with the Indian tribes \ 

{29) 4. To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, through- 
out the United States ; 

{SO) 5. To coin money, regulate the value thereof and of 
foreign coin, and fix the standard of weights and 
measures ; 

{SI) 6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States ; 

{S2) 7. To establish post offices and post roads ; 

{SS) 8. To promote the progress of science and useful 
arts by securing for limited times, to authors and in- 
ventors, the exclusive right to their respective writings 
and discoveries ; 

{SJi) 9o To constitute tribunals inferior to the Supreme 
Court ; 

{S5) io„ To define and punish piracies and felonies com- 
mitted on the high seas, and offenses against the law 
of nations ; 

{S6) II. To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water ; 

{SI) 12. To raise and support armies, but no appropriation 
of money to that use shall be for a longer term than 
two years ; 

{S8) 13. To provide and maintain a navy; 

{S9) 14. To make rules for the government and regulation 
of the land and naval forces ; 

{Ifi) 15. To provide for calling forth the militia to execute 



CONSTITUTION OF THE UNITED STATESo 3 1 

the laws of the Union, suppress insurrections, and 
repel invasions ; 

(^i) i6e To provide for organizing, arming, and disci- 
plining the militia, and for governing such part of them 
as may be employed in the service of the United States, 
reserving to the States respectively the appointment of 
the officers, and the authority of training the militia 
according to the discipline prescribed by Congress ; 

(^) 17. To exercise exclusive legislation in all cases 
whatsoever over such district (not exceeding ten miles 
square) as may, by cession of particular States and the 
acceptance of Congress, become the seat of the gov- 
ernment of the United States ; and to exercise like 
authority over all places purchased, by the consent of 
the Legislature of the State in which the same shall be, 
for the erection of forts, magazines, arsenals, dock- 
yards, and other needful buildings ; and 

(45) 18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this Constitution in the 
government of the United States, or in any depart- 
ment or officer thereof. 

(^44) Section 9. — i. The migration or importation of such 
persons as any of the States now existing shall think 
proper to admit shall not be prohibited by the Congress 
prior to the year one thousand eight hundred and eight; 
but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person; 

[45) 2o The privilege of the writ of habeas corpus shall not 
be suspended, unless when, in cases of rebellion or in- 
vasion, the public safety may require it. 

(^(5) 3. No bill of attainder, or ex post facto law, shall be 
passed. 

{Jf.1) 4. No capitation or other direct tax shall be laid, 
unless in proportion to the cejtsus or enumeration here- 
inbefore directed to be taken. 

{JfB) 5 . No tax or duty shall be laid on articles exported 
from any State. 



32 CIVIL GOVERNMENT. 

{j^9) 6. No preference shall be given by any regulation of 
commerce or revenue to the ports of one State over 
those of another ; nor shall vessels bound to or from 
one State be obliged to enter, clear, or pay duties, in 
another. 

(50) 7o No money shall be drawn from the treasury but 
in consequence of appropriations made by law; and a 
regular statement and account of the receipts and ex- 
penditures of all public money shall be published from 
time to timCo 

(51) 8. No title of nobility shall be granted by the United 
States ; and no person holding any office of profit or 
trust under them shall, without the consent of the Con- 
gress, accept of any present, emolument, office, or title, of 
any kind whatever, from any king, prince, or foreign state. 

(52) Section lo. — i. No State shall enter into any treaty, 
alliance, or confederation ; grant letters of marque and 
reprisal ; coin money ; emit bills of credit ; make any 
thing but gold and silver coin a tender in payment 
of debts ; pass any bill of attainder, ex post facto law, 
or law impairing the obligation of contracts j or grant 
any title of nobilityc 

(5S) 2o No State shall, without the consent of the Con- 
gress, lay any imposts or duties on imports or ex- 
ports, except what may be absolutely necessary for ex- 
ecuting its inspection laws ; and the net produce of all 
duties and imposts laid by any State on imports or ex- 
ports shall be for the use of the treasury of the United 
States, and all such laws shall be subject to the revi- 
sion and control of the Congress. 

(SJi) 3. No State shall, without the consent of Congress, 
lay any duty of tonnage, keep troops or ships of war in 
time of peace, enter into any agreement or compact 
with another State or with a foreign power, or engage 
in war, unless actually invaded or in such imminent 
danger as will not admit of delay. 

(55) Article II. Section i. — i. The executive power 
shall be vested in a President of the United States of 



CONSTITUTION OF THE UNITED STATES. 33 

America. He shall hold his office during the term of 
four years, and, together with the Vice-President chosen 
for the same term, be elected as follows : — 
(56) 2. Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of electors 
equal to the whole number of senators and represent- 
atives to which the State may be entitled in the Con- 
gress ; but no senator or representative, or person hold- 
ing an office of trust or profit under the United States, 
shall be appointed an elector. 
\The following paragraph (57) is the Twelfth Article of Amend- 
ment, and supersedes the clause originally inserted here {see TowN- 
send's ''Analysis of Civil Cover jiment").'] 

{57) 3. The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, 
one of whom, at least, shall not be an inhabitant of the 
same State with themselves. They shall name in their 
ballots the person voted for as President, and in dis- 
tinct ballots the person voted for as Vice-President ; 
and they shall make distinct lists of all persons voted 
for as President, and of all persons voted for as Vice- 
President, and of the number of votes for each ; which 
lists they shall sign and certify, and transmit, sealed, 
to the seat of the government of the United States, di- 
rected to the president of the Senate. The president 
of the Senate shall, in presence of the Senate and 
House of Representatives, open all the certificates, and 
the votes shall then be counted. The person having 
the greatest number of votes for President shall be the 
President, if such number be a majority of the whole 
number of electors appointed j and if no person have 
such majority, then, from the persons having the high- 
est numbers, not exceeding three, on the list of those 
voted for as President, the House of Representatives 
shall choose immediately, by ballot, the President. 
But, in choosing the President, the votes shall be taken 
by States, the representation from each State having 
one vote. A quorum for this purpose shall consist of 



34 CIVIL GOVERNMENTo 

a member or members from two thirds of the States, 
and a majority of all the States shall be necessary to 
a choice. And if the House of Representatives shall 
not choose a President, whenever the right of choice 
shall devolve upon them, before the fourth day of March 
next following, then the Vice-President shall act as 
President, as in the case of the death, or other constitu- 
tional disability, of the President. The person having 
the greatest number of votes as Vice-President shall be 
the Vice-President, if such number be a majority cf the 
whole number of electors appointed ; and if no person 
have a majority, then, from the two highest numbers 
on the list, the Senate shall choose the Vice-President. 
A quorum for the purpose shall consist of two thirds 
of the whole number of senators ; and a majority of the 
whole number shall be necessary to a choice. But no 
person constitutionally ineligible to the office of Presi- 
dent shall be eligible to that of Vice-President of the 
United States. 

(58) 4. The Congress may determine the time of choosing 
the electors, and the day on which they shall give their 
votes ; which day shall be the same throughout the 
United States. 

(59) 5. No person, except a natural-born citizen, or a 
citizen of the United States at the time of the adoption 
of this Constitution, shall be eligible to the office of 
President ; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within 
the United States. 

(60) 6. In case of the removal of the President from 
office, or of his death, resignation, or inability to dis- 
charge the powers and duties of the said office, the 
same shall devolve on the Vice-President ; and the 
Congress may by law provide for the case of removal, 
death, resignation, or inability, both of the President 
and Vice-President, declaring what officer shall then 
act as President, and such officer shall act accordingly 



CONSTITUTION OF THE UNITED STATES. 35 

until the disability be removed, or a President shall be 
elected. 
{61) 7. The President shall, at stated times, receive for his 
services a compensation, which shall neither be in- 
creased nor diminished during the period for which he 
shall have been elected ; and he shall not receive 
within that period any other emolument from the United 
States, or any of them^ 

(62) 8. Before he enter on the execution of his office, he 
shall take the following oath or affirmation : — = 

" I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, 
and will, to the best of my ability, preserve, protect, 
and defend the Constitution of the United States." 

(63) Section 2. — i. The President shall be commander- 
in-chief of the army and navy of the United States, 
and of the militia of the several States when called 
into the actual service of the United States. He may 
require the opinion, in writing, of the principal officer 
in each of the executive departments, upon any subject 
relating to the duties of their respective offices ; and 
he shall have power to grant reprieves and pardons for 
offenses against the United States, except in cases of 
impeachment. 

{QJi) 2. He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two 
thirds of the senators present concur ; and he shall 
nominate, and by and with the advice and consent of 
the Senate shall appoint, ambassadors, other public 
ministers, and consuls, judges of the Supreme Court 
and all other officer- of the United States whose ap- 
pointments are not herein otherwise provided for, and 
which shall be established by law ; but the Congress 
may by law vest the appointment of such inferior of- 
ficers as they think proper in the President alone, in 
the courts of law, or in the heads of departments. 

{65) 3. The President shall have power to fill up all va- 
cancies that may happen during the recess of the Senate 



35 CIVlI. GOVERNMENT. 

by granting commissions, which shall expire at the end 
of their next session. 

(66) Section 3. — He shall from time to time give to the 
Congress information of the state of the Union, and 
recommend to their consideration such measures as 
he shall judge necessary and expedient ; he may, on 
extraordinary occasions, convene both Houses, or either 
of them, and, in case of disagreement between them 
with respect to the time of adjournment, he may 
adjourn them to such time as he shall think proper ; he 
shall receive ambassadors and other public ministers ; 
he shall take care that the laws be faithfully executed, 
and shall commission all the officers of the United States. 

(67) Sectio?i 4. — The President, Vice-President, and all 
civil officers of the United States, shall be removed 
from office on impeachment for and conviction of trea- 
son, bribery, or other high crimes and misdemeanors. 

(68) Article III. Sectio7i i. — The judicial power of the 
United States shall be vested in one Supreme Court, 
and in such inferior courts as the Congress may from 
time to time ordain and establish. The judges, both 
of the Supreme and inferior courts, shall hold their 
offices during good behavior, and shall at stated times 
receive for their services a compensation, which shall 
not be diminished during their continuance in office. 

(69) Section 2. — i. The judicial power shall extend to all 
cases in law and equity arising under this Constitution, 
the laws of the United States, and treaties made, or 
which shall be made, under their authority ; to all cases 
affecting ambassadors, other public ministers, and con- 
suls ; to all cases of admiralty and maritime jurisdiction ; 
to controversies to which the United States shall be a 
party ; to controversies between two or more States, 
between a State and citizens of another State, between 
citizens of different States, between citizens of the 
same State claiming lands under grants of different 
States, and between a State, or the citizens thereof, 
and foreign states, citizens, or subjectSo 



CONSTITUTION OF THE UNITED STATES. 37 

(70) 2. In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which a State 
shall be party, the Supreme Court shall have original 
jurisdiction. In all the other cases before mentioned, 
the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and 
under such regulations as the Congress shall make. 

(71) 3. The trial of all crimes, except in cases of im- 
peachment, shall be by jury ; and such trial shall be 
held in the State where the said crimes shall have 
been committed : but, when not committed within any 
State, the trial shall be at such place or places as the 
Congress may by law have directed. 

(72) Section 3. — i. Treason against the United States 
shall consist only in levying war against them, or in 
adhering to their enemies, giving them aid and com- 
fort. No person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt 
act, or on confession in open court. 

{^S) 2. The Congress shall have power to declare the 
punishment of treason; but no attainder of treason 
shall work corruption of blood, or forfeiture, except 
during the life of the person attainted. 

(7^) Article IV. Section i. — Full faith and credit shall 
be given in each State to the public acts, records, and 
judicial proceedings of every other State ; and the 
Congress may, by general laws, prescribe the manner 
in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 

(75) Section 2. — i. The citizens of each State shall be 
entitled to all privileges and immunities of citizens 
in the several States. 

{7Q) 2. A person charged in any State with treason, fel- 
ony, or other crime, who shall flee from justice and be 
found in another State, shall, on demand of the execu- 
tive authority of the State from which he fled, be de- 
livered up, to be removed to the State having juris- 
diction of the crime. 



38 CIVIL GOVERNMENT. 

(77) 3. No person held to service or labor in one State 
under the laws thereof, escaping into another, shall, 
in consequence of any law or regulation therein, be 
discharged from such service or labof, but shall be 
delivered up on claim of the party to whom such ser- 
vice or labor may be due. 

(78) Section 3 — i . New States may be admitted by the 
Congress into this Union j but no new State shall be 
formed or erected within the jurisdiction of any other 
State, nor any State be formed by the junction of 
two or more States, or parts of States, without the 
consent of the Legislatures of the States concerned, 
as well as of the Congress. 

(7P) 2. The Congress shall have power to dispose of 
and make all needful rules and regulations respecting 
the territory, or other property, belonging to the United 
States j and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United 
States or of any particular State. 

^80) Section 4. — The United States shall guarantee to 
every State in this Union a republican form of govern- 
ment, and shall protect each of them against invasion, 
and, on application of the Legislature or of the Execu- 
tive (when the Legislature cannot be convened), 
against domestic violence. 

(<5^) Article V. — The Congress, whenever two thirds 
of both Houses shall deem it necessary, shall propose 
amendments to this Constitution, or, on the application 
of the Legislatures of two thirds of the several States, 
shall call a convention for proposing amendments, 
which, in either case, shall be valid to all intents and 
purposes as part of this Constitution, when ratified by 
the Legislatures of three fourths of the several States, 
or by conventions in three fourths thereof, as the 
one or the other mode of ratification may be pro- 
posed by the Congress : provided that no amend- 
ment which may be made prior to the year one 
thousand eight hundred and eight shall in any manner 



CONSTITUTION OF THE UNITED STATES. 39 

affect the first and fourth clauses in the ninth section of 
the first article ; and that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate. 
(8S) Article VI. — i. All debts contracted, and engage- 
ments entered into, before the adoption of this Con- 
stitution, shall be as valid against the United States, 
under this Constitution, as under the Confederation. 

(85) 2. This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, and 
all treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme 
law of the land ; and the judges in every State shall 
be bound thereby, anything in the Constitution or laws 
of any State to the contrary notwithstanding. 

(84) 3. The- senators and representatives before men- 
tioned, and the members of the several State Legisla- 
tures, and all executive and judicial officers both of the 
United States and of the several States, shall be bound 
by oath or affirmation to support this Constitution ; but 
no religious test shall ever be required as a qualification 
to any office or public trust under the United States. 

{8S) Article VII. — The ratification of the conventions 
of nine States shall be sufficient for the establishment 
of this Constitution between the States so ratifying 
the same. 

AMENDMENTS TO THE CONSTITUTION. 

The following are the Articles of Amendment which have 
been ratified and adopted since the year 1790, and are to 
all intents and purposes a part of the Constitution of the 
United States. 

(86) Article I. — Congress shall make no law respect- 
ing an establishment of religion, or prohibiting the 
free exercise thereof; or abridging the freedom of 
speech or of the press, or the right of the people peace- 
ably to assemble, and to petition the government for 
a redress of grievances. 

(87) Article II. — A well-regulated militia being neces' 



40 CIVIL GOVJSKJNMJtJNr. 

sary to the security of a free State^ the right of the 
people to keep and bear arms shall not be infringed. 
(SS) Article III. — No soldier shall, in time of peace, 
be quartered in any house without the consent of the 
owner ; nor in time of war but in a manner to be pre- 
scribed by law. 

(89) Article IV. — The right of the people to be secure 
in their persons, houses, papers, and effects, against 
unreasonable searches and seizures, shall not be vio- 
lated ; and no warrants shall issue but upon probable 
cause, supported by oath or affirmation, and particu- 
larly describing the place to be searched, and the 
persons or things to be seized. 

(90) Article V. — No person shall be held to answer for 
a capital or otherwise infamous crime, unless on a 
presentment or indictment of a grand jury, except in 
cases arising in the land or naval forces, or in the 
militia, when in actual service, in time of war or pub- 
lic danger ; nor shall any person be subject, for the 
same offense, to be twice put in jeopardy of life or 
limb ; nor shall he be compelled, in any criminal case, 
to be a witness against himself ; nor be deprived of 
life, liberty, or property, without due process of law ; 
nor shall private property be taken for public use, 
without just compensation. 

(91) Article VI. — In all criminal prosecutions, the 
accused shall enjoy the right to a speedy and public 
trial by an impartial jury of the State and district 
wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, 
and to be informed of the nature and cause of the 
accusation, to be confronted with the witnesses against 
him, to have compulsory process for obtaining wit- 
nesses in his favor, and to have the assistance of 
counsel for his defense. 

(9S) Article VII. — In suits at common law, where the 
value in controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved ; and no fact, 
tried by a jury, shall be otherwise reexamined in any 
court of the United States than according to the rules 
of the common law. 

(98) Article VIII. — Excessive bail shall not be re* 



CONSTITUTION OF THE UNITED STATES. 41 

quired, nor excessive fines imposed, nor cruel and 

unusual punishments inflicted. 
{pjf) Article IX. — The enumeration in the Constitution 

of certain rights shall not be construed to deny or 

disparage others retained by the people. 
{95) Article X. — The powers not delegated to the 

United States by the Constitution, nor prohibited by 

it to the States, are reserved to the States respectively, 

or to the people. 

(96) Article XI. — The judicial power of the United 
States shall not be construed to extend to any suit in 
law or equity commenced or prosecuted against one 
of the United States by citizens of another State, or 
by citizens or subjects of any foreign state. 

\As the subject-matter of the Twelfth Article of Amendment refers 
entirely to the election of the President and Vice-President of the 
United States, it is inserted in Article 11^ of the Constitution, con- 
stituting ^paragraph (57), and is omitted herej\ 

(97) Article XIII. — i. Neither slavery nor involuntary 
servitude, except as a punishment for crime, whereof the 
party shall have been duly convicted, shall exist within 
the United States, or any place subject to their juris- 
dictioDo 

2. Congress shall have power to enforce this article 
by appropriate legislation. 

(98) Article XIV. — i. All persons born or natural 
ized in the United States, and subject to the juris- 
diction thereof, are citizens of the United States, 
and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United 
States ; nor shall any State deprive any person of 
life, liberty, or property, without due process of law^ 
nor deny to any person within its jurisdiction the 
equal protection of the laws. 

(99) 2. Representatives shall be apportioned among 
the several States according to their respective num- 
bers, counting the whole number of persons in each 
State, excluding Indians not taxed. But when the 
right to vote at any election for the choice of elect- 
ors for President and Vice-President of the United 



42 CIVIL GOVERNMENT. 

States, representatives in Congress, the executive and 
judicial officers of a State, or the members of the 
Legislature thereof, is denied to any of the male 
inhabitants of such State, being twenty-one years of 
age and citizens of the United States, or in any waj 
abridged, except for participation in rebellion or 
other crime, the basis of representation therein shall 
be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of 
male citizens twenty-one years of age in such State. 

{100) 3. No person shall be a senator or representative 
in Congress, or elector of President and Vice-Presi- 
dent, or hold any office, civil or military, under the 
United States or under any State, who, having pre- 
viously taken an oath as a member of Congress, or 
as an officer of the United States, or as a member of 
any State Legislature, or as an executive or judicial 
officer of any State, to support the Constitution of 
the United States, shall have engaged in insurrection 
or rebellion against the same, or given aid or com- 
fort to the enemies thereof. But Congress may, by 
a vote of two thirds of each House, remove'* such 
disability. 

{101) 4. The validity of the public debt of the United 
States authorized by law, including debts incurred 
for payment of pensions and bounties for services in 
suppressing insurrection and rebellion, shall not be 
questioned. 

But neither the United States nor any State shall 
assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, 
or any claim for the loss or emancipation of any 
slave ; but all such debts, obligations, and claims 
shall be held illegal and void. 

5. The Congress shall have power to enforce by 
appropriate le2:islation the provisions of this article. 

{102) Article XV. — i. The right of citizens of the 
United States to vote shall not be denied or abridged 
by the United States or by any State, on account of 
race, color, or previous condition of servitude. 

2. The Congress shall have power to enforce ihi^ 
article by appropriate legislation* 



CONSTITUTION OF THE UNITED STATES. 43 



CHRONOLOGY" OF THE AMENDMENTS TO THE CONSTITU- 
TION. 

The first ten Articles of Amendment were proposed by 
Congress in 1789, at their first session; and, having re- 
ceived the ratification of the Legislatures The First Ten 
of three fourths of the several States, they Amendments, 
became a part of the Constitution, Dec. 15, 1791. 

The Eleventh Article was proposed by Congress in 
1794. President Adams declared in his message, Jan. 8, 
1798, that it had received the ratification ^v^g Eleventh 
of the constitutional number of States, Amendment. 
and was therefore a part of the fundamental law of the 
land. 

The Twelfth Article of Amendment was proposed by 
Congress at their session in 1803, and received the ratifi- 
cation of the requisite number of States 

OChe Twelfth 

during the following year, and became Amendment. 
part of the Constitution of the United States. 

The Thirteenth Article of Amendment was proposed at 
the second session of the Thirty-eighth Congress, passing 
the Senate in 1864, and the House in 1865. The Thirteenth 
William H. Seward, then secretary of state, Amendment. 
officially announced to the country, Dec. 18, 1865, that it 
had been ratified by three fourths of the States, and was 
therefore a part of the supreme law of the land. 

The Fourteenth Article of Amendment was proposed by 
Congress in 1866. William H. Seward, then secretary of 
state, announced July 28, 1868, that it had The Fourteenth 
been ratified by the Legislatures of the Amendment. 
requisite number of States, and had therefore become a 
part of the Constitution of the United States. 

The Fifteenth Article of Amendment was proposed by 
Congress in 18690 Hamilton Fish, then secretary of 

Short. CiVn Gov,— 4 , 



44 CIVIL GOVERNMENT. 

The Fifteenth State, announced March 30, 1870. that it 
Amendment. Yi2i^ been ratified by the requisite number 

of States, and was therefore a part of the Constitution of 

the United States. 

Questions. 

1. In the Preamble, how many reasons are given for the estab~ 

lishment of the Constitution ? 

2. In what order are they given ? 

3. Into how many articles is the original Constitution divided? 
4o How many sections in the first article ? 

5o In the first section how many clauses? 

6. How many in Section 2 ? 

7. How many in each of the other sections of this article respec- 

tively ? 

8. How many sections in Article II.? 

9. How many clauses in Section i of this article ? 

10. How many clauses in Section 2 of Article II.? 

11. How many in each of Sections 3 and 4 ? 

12. How many sections in Article III.? 

13. How many clauses in Section i? 

14. How many in Section 2 ? 

15. How many in Section 3? 

t6. How many sections in Article IV.? 

17. How many clauses in Section i ? 

18. How many in each of the others respectively? 

19. How many sections and clauses in Article V.? 

20. How many clauses in Article VI.? 

21. How many clauses in Article VII.? 

22. How many amendments to the Constitution have been adopted ? 

23. When were the first ten articles declared to be a part of the 

Constitution ? 

24. When was the eleventh ? 

25. When the twelfth? 

26. When the thirteenth? 

27. When the fourteenth? 

28. When the fifteenth ? 

29. Into how many paragraphs are the Constitution and Amend- 

ments divided? 



BLACKBOARD EXERCISE. 



Branches. 
I. Legislative {Law-7naking). 

II. Executive [Law-enforcing). 

III. judicial (Law-interjf>retinp). 



CHAPTER VI. 

LESSON VL - - BRANCHES OF GOVERNMENT. 



The constitution of any country, whether written or 
traditional, is the fundamental law of that country ; that is, 
Constitution the the highest law by which the country pro- 
supretne Law. fesscs to be governed. If any law is made 
in violation of that fundamental law, it is of no force 
whatever, and is, to all intents and purposes, null and void. 
The history of different countries shows that Legislatures 
have sometimes attempted to pass such laws, but they have 
been set aside and declared inoperative by the law-inter- 
preting branch of the governments 

All free government is administered through three dis- 
tinctive and separate branches. These are : i. The legis- 
Three Branches of lativc, or law-making powcr ; 2. The exec- 

Government. utivc, or law-cnforciug power ; 3. The 
judicial, or law-interpreting power. In the United States 
the first is vested in a Congress, which consists of a Senate 
and House of Representatives ; the second, in a President 
of the United States j and the third, in the Federal Courts 
of Law. 

No free government can exist on earth in which the 
administration of its powers and functions is not distrib- 
uted. If a single individual may assume to make the laws, 
to execute and interpret the same, he becomes a despot, 
and his government a despotism. Such a concentration 



BRANCHES OF GOVERNMENT, 47 

of authority in one man is utterly inconsistent with the 
Hberty of his people. 

If this combination of power be centered in any number 
of persons, the character of the government will be the 
same. One or more persons might safely be trusted with 
any one of these high prerogatives ; but the danger con- 
sists in the concentration of all in the same hands. 

All writers on free government agree that the legis- 
lative, the executive, and the judicial powers should be 
kept as separate and distinct as possible, j^^.^nches not en. 
It is hardly possible, however, for human tireiy imiepend- 
wisdom to devise a plan by which they can 
be kept entirely separate in the administration of govern- 
ment. 

This has been attempted by the wisest and best of 
minds, but has failed. Not one of all the American 
States has succeeded ; though, in some instances, they 
may have done all that finite wisdom could accomplish. 
But in all cases, without a single exception, there has been 
a partial mixture of these powers. 

In several of the States, for instance, the executive is 
elected by the Legislature if no one receives a majority 
vote by the people. In South Carolina, for some time, he 
was elected by the Legislature without any attempt at an 
election by the people. 

In nearly all of the States the judicial officers are im- 
peachable by one or both branches of the Legislature. In 
some of the States the officers of the judiciary are appointed 
by the governor and the Legislature, or one branch of that 
body. 

In some the governor may veto any act passed by the 
Legislature ; after which, in order that the act so vetoed 
may become a law, it must be repassed by a vote of two 
thirds of both Houses. 



48 CIVIL GOVERNMENT. 

In some States the judicial officers are elected by the 
people, but removable on the address of one or both 
branches of the Legislature. In others they are removable 
by one or both branches, on the address of the executive. 
In still others the judicial officers are appointed by one 
or both branches of the Legislature, and removable by one 
branch on impeachment by the other. 

Questions. 

1. What is meant by the constitution of a country? 

2. Of what force is a law that is contrary to the constitution ? 

3. What have Legislatures sometimes done? 

4. By whom are such laws declared inoperative ? 

5. Through how many and what branches are free governments 

administered ? 

6. In whom are these branches respectively vested in the United 

States ? 

7. W^hat is the distribution of governmental powers? 

8. What is said of a despot and despotism ? 

9. In what do all writers on free government agree? 

10. What difficulty is here mentioned ? 

11. What is said of the separation of these powers in the American 

States ? 

12. How are judicial officers impeachable in most of the States ? 

13. How are the officers of the judiciary appointed in some of the 

States ? 

14. How are the judicial officers elected, and how removable in 

some of the States ? 



LESSON VII. — BRANCHES OF GOVERNMENT, 

Continued. 

In fact, there is no such thing as a complete and abso- 
lute separation of the three departments from each other. 
And all that is intended, in speaking of the three branches 
being kept separate and distinct, is that the powers and 



BRANCHES OF GOVERNMENT. 49 

duties properly belonging to any one branch or depart- 
ment shall not be interfered with or administered by either 
of the others ; that neither shall possess a controlling 
influence over the others in the performance of their 
respective duties. 

In order that there may be official independence, it is 
necessar}^ "that the legislative, executive, and judiciary 
powers shall be kept as separate from, and independent 
of, each other, as the nature of a free government will 
admit, or as is consistent with that chain of connection 
that binds the whole fabric of the Constitution in one 
indissoluble bond of unity and amity." 

The Constitution of the United States aims to separate 
the three departments as widely as possible, and to render 
them as independent, the one of the others, as the com- 
plicated nature of the subject will permit. The govern- 
ment of the United Steites is a representative government ; 
and there is far less danger to liberty arising from the 
partial mixture of these powers in this country than in a 
government of less direct responsibility to the people. 

These three branches of the American government are 
located and exercised in the city of Washington, the cap- 
ital of the nation. The President resides The capital 
there during the term for which he is ^**^* 

elected. He lives in a mansion known as the White 
House, built and kept constantly furnished at the expense 
of the nation. In this mansion he exercises the duties of 
his office during the period of his administration. 

In another part of the city is an immense building cov- 
ering several acres of ground, called the Capitol of the 
nation, erected at a cost of some twelve miUions of dollars. 
In this magnificent edifice are numerous rooms and offices 
for the convenience of the government. But by far the 
largest is that which is known as the House of Representa- 



50 CIVIL GOVERNMENT. 

tives. The assembly of men who occupy this hall during 

the session of Congress are called representatives. They 

are elected by the people of their respec- 

The Capitol. . . . ' . . 

tive congressional districts m the several 
States, and are sent here to assist in making the laws of 
the nation. No bill can become a law until it has received 
the approval of a majority of this body of men. By the 
theory of our government, all the people of the several 
States are present in this assembly in the person of their 
respective representatives. When all the representatives 
are present, the number is more than three hundred ; and 
these constitute one division or portion of the lawmaking 
power. 

In another part of this immense edifice is a much smaller 
room, known as the Senate Chamber. This is occupied 
by the senators. Of these there are two from each State, 
whether the State be large or small ; and therefore, when 
the Senate Chamber is full, there are ninety-six members, 
as we have at the present time forty-eight States in the 
Union. 

The senators are not elected by direct vote of the peo- 
ple, but are chosen by the State Legislatures for the term 
of six years. No bill can become a law unless approved 
by a majority of the votes of this body as well as the 
House of Representatives. Thus each House is so far a 
check upon the other against hasty legislation as to insure 
full and careful deliberation in the passage of the laws. 

In still another part of the Capitol is the Supreme Court 
Room. In this room the judges of the Supreme Court 
hold one term a year for the correct interpretation and 
application of the laws of the land. If any unconstitu- 
tional law is passed by Congress, and sanctioned by the 
President, this body has the power to declare that law 
utterly void, after which it is a dead letter in the statute 



BRANCHES OF GOVERNMENT. 5 1 

book. Thus each branch of the government exercises a 
salutary restraint on the others, effectually securing the 
safety of human rights. 

Questions. 

15. What is intended by a complete separation of these branches 

or powers ? 

16. What is necessary to official independence? 

17. With respect to this, what is the aim of the Constitution of 

the United States ? 

18. What kind of a government is that of the United States? 

ig. Where are the branches of our government located and exer- 
cised ? 

20. What is the name of the house in which the President resides? 

21. What do we find in another part of the city ? 

22. Which is the largest room of the Capitol ? 

23. By whom is this room occupied ? 

34. By whom are they elected, and for what purpose? 

25. What is the theory of our government with respect to these 

persons ? 

26. Where is the Senate Chamber ? 

27.- How many senators are there from each State ? 

28. How many in all ? 

29. By whom are these senators elected ? 

30. How is hasty legislation prevented ? 

31. What other room in the Capitol is mentioned ? 

32. By whom, and for what purpose, is this room occupied? 



CHAPTER VI I. 

LESSON VIIL — PREAMBLE TO THE CONSTITU- 
TION. 



We, the people of the United States, 

1. In order to form a more perfect Union, 

2. Establish justice, 

3. Insure domestic tranquillity, 

4. Provide for the common defense, 

5. Promote the general welfare, and 

6. Secure the blessings of liberty to ourselves and our 
posterity, 

Do ordain and establish this Constitution for the United 
States of America. 

The Preamble is no part of the Constitution, but is a key 

to that document. The Preamble sets forth the purposes 

The i*urpose of ^nd objccts for which the Constitution 

the cott^tuution. ^^^ formed, and to secure which it was 

offered to the people for their ratification and adoption. 

As stated elsewhere, the union of the States had been 
very imperfectly formed, and even more imperfectly sus- 
tained. It was entirely deficient in every particular men- 
tioned in the Preamble. 

The following were the more prominent defects of the 
Union as it existed at the time this Constitution was 
formed, as given by an eminent jurist of a later day : — 

ist, There was an utter want of all coercive authority 

68 



PREAMBLE TO THE CONSTITUTION. 53 

in the Continental Congress to carry into effect any of 
their constitutional measures. 

2d, There was no power in the Continental Congress to 
punish individuals for any breach of their enactments. 

3d, They had no power to lay taxes, or T,^^ jjefects of the 
to collect revenue for the public service, confederation. 
The power over taxes was expressly and exclusively re- 
served to the States. 

4th, They had no power to regulate commerce, either 
with foreign nations or among the several States. It was 
left, with respect to both, exclusively to the management of 
each particular State. 

5th, As might be expected, the most opposite regulations 
existed in different States ; and there was a constant resort 
to retaliatory legislation from their jealousies and rivalries 
in commerce, in agriculture, or in manufactures. Foreign 
nations did not fail to avail themselves of all the advan- 
tages accruing from this suicidal policy, tending to the 
common ruin. 

6th, " For want of some singleness of power, — a power 
to act with uniformity, and one to which all interests could 
be reconciled, —foreign commerce was sadly crippled, and 
nearly destroyed." 

7th, The country was deeply in debt, without a dollar to 
pay, or the means even to draw a dollar into the public 
treasury ; and what money there was in the country was 
rapidly making its way abroad. 

8th, Great as these embarrassments were, the States, 
full of jealousy, were tenaciously opposed to making the 
necessary concessions to remedy the great and growing 
evil. All became impressed with the fear that, unless a 
much stronger national government could be instituted, 
all that had been gained by the Revolutionary struggle 
would soon be lost. 



54 CIVIL GOVERNMENT. 

To these defects may be added the following also i — 

I St, The Congress consisted of but one House ; and the 
States, large and small, had equal power in that body. 
When a bill had passed that House, it was the law of the 
land. 

2d, There was no executive officer to enforce the laws, 
or whose sanction was required in making the laws. 

3d, There was no national judicial tribunal to give 
construction and interpretation to the laws. 

4th, Congress had no power to enforce obedience to 
treaties, although they could make them, and recommend 
their observance. 

5th, They could borrow money pledging the faith of 
the Union, but had no positive means of raising a single 
dollar. 

6th, They could declare war, but could not coerce into 
the field a single soldier. 

Questions. 

1. What is the Preamble to the Constitution? 

2. What does the Preamble set forth? 

3. What is said of the formation of the Union ? 

4. What were the more prominent defects of the Union at the 

time of the formation of the Constitution, as given by an 
eminent jurist ? 
<io What other defects are mentioned ? 



LESSON IX. — PREAMBLE, Co7itinued. 

The first object expressed in the Preamble is to form 
a more perfect Union ; that is, a more perfect Union than 
A mote I'erfect had existed under the Confederation. The 
Union. government under the former system had 
been found wholly defective. The Union was so imper- 
fect as to be almost unworthy of the nameo 



PREAMBLE TO THE CONSTITUTION. 55 

As already stated, under the Confederation there was 
no national judiciary, or system of national courts. The 
only means of legal redress was through to estahUsh 
the State courts ^ and the decisions of the Ji^sUce. 
courts of one State were often in direct conflict with the 
decisions of courts of neighboring States. The neces- 
sity of a court of higher authority, whose decisions should 
command the respect of the nation at large, was every- 
where felt and acknowledged. The State Legislatures 
were often led to pass laws favoring their own immediate 
and respective localities, and their State courts were too 
ready to give them their sanction. 

The third object, as explained in the Preamble, was to 
insure domestic tranquillity. This means peace among the 
States. For several years some of the Domestic 
States had been involved in controversies Tra^^^iUity- 
with each other; and in a few instances these domestic 
dissensions led to bloodshed, and threatened the most 
alarming consequences. Troops were called out by one 
State to meet the hostile forces of another in battle array ; 
and even the General Government seemed too weak for 
the emergency. Disputes of this character, by the Arti- 
cles of Confederation, were to be left to Congress ; but 
this body was not always in session, and, when it was, it 
did not possess the requisite power, and was slow to ex- 
ercise what it had. 

The want of some common tribunal that could act with 
promptness and commanding authority was everywhere 
admitted. A liberty that was not clothed with authority 
to command peace at home was clearly more of a curse 
than a blessing. One of the purposes, therefore, of the 
Constitution was the creation of ample power to insure 
domestic tranquillity. 

The common defense was not properly provided for 



56 CIVIL GOVERNMENT. 

under the Confederation. A people not prepared for war, 
and known not to be, will constantly be liable to aggres- 
sions from neighboring nations. On the contrary, a na- 
tion known to be prepared will be quite unlikely to be 
attacked. A weak nation is never formidable, and will 
never command the respect of its neighbors. 

Congress, under the Confederation, as we have seen, 
could recommend, but could not enforce, measures for the 
Common common defense. They could not even 
Defense. declare war, nor exercise any of the war 
powers, without the concurrence of nine of the thirteen 
States ; nor even when they had declared war under these 
restrictions, should they do so, could they force into service 
a single soldier. Sound statesmanship demanded, there- 
fore, that something should be done to provide more 
effectually for the common defense. By reference to the 
war power in the Constitution, it will be seen that this pro- 
vision has been made. 

To promote the general welfare is another object speci- 
fied in the Preamble. This duty properly devolves on 
everv national sovereignty. It is, indeed, 

General Welfare. •' o j ^ 7 

or should be, the primary purpose of every 
government. The individual States of America had not 
the means, nor have they now, to secure this desirable 
object. It requires larger resources than belong to a single 
State. 

From the poverty of language it would be impossible to 
specify, within any convenient limits, all the powers which 
a government like that of the United States might at 
some time find it necessary to exercise, and under some 
possible emergencies. 

And although fears may be indulged in some quarters, 
that, under a clause of such broad signification, some of 
the departments, especially the legislative, and perhaps 



PREAMBLE TO THE CONSTITUTION. 



57 



the executive, may overreach and go beyond their pre- 
rogatives, yet the ballot is the remedy in the one case, and 
impeachment in the other. 

** To secure the blessings of liberty to ourselves and our 
posterity," is the closing language of the Preamble. It is 
an appropriate climax. It briefly ex- 
presses the whole purpose of human gov- jAhertu 
ernment. 

" Give me liberty, or give me death ! " exclaimed the 
immortal orator of the Revolution. Without political and 
religious liberty, life itself would become valueless, and 
existence a burden : with it, we may have all that is val- 
uable in earthly institutions ; for, if a nation enjoys 
liberty, its citizens have the means of enjoying every other 
earthly blessing. 

But the patriotic authors of the Constitution were not 
content with this sacred boon for themselves merely : they 
were earnest to perpetuate this inestimable blessing to the 
remotest posterity. 

Questions. 

6. What is the first object expressed in the Preamble? 

7. What were the only means of legal redress ? 

8. What is said of the necessity of a higher court ? 

9. What were the State Legislatures often led to do? 

10. What is the third object expressed in the Preamble? 

11. What had been the condition of the States for several years? 

12. To whom were disputes of this character to be referred ? 

13. What is said of the ability of Congress to settle them ? 

14. What want was felt on that account ? 

15. What is the fourth object mentioned in the Preamble? 
36. What is said of the necessity of being prepared for war? 

17. What is said of the weakness of Congress under the Confed- 

eration ? 

18. What is the fifth object mentioned in the Preamble? 

19. What should be the primary purpose of every government? 

20. What is said of the inability of States to do this ? 

21. What is the closing language of the Preamble? 



BLACKBOARD EXERCISE. 



Legislative, 



I. House of Representatives. 
II. Senate, 



CHAPTER VIII 

LESSON X.— CONGRESS. 



The Congress of the United States is the lawmaking 
branch of our government. All the lawmaking powers 
are vested in it, and it consists of a Senate and a House of 
Representatives. 

In saying that this is the lawmaking branch, the state- 
ment must be taken with this qualification : that if the 
President of the United States shall officially object to 
any bill passed by the two Houses, the same must be re- 
passed by a vote of two thirds of each branch of that 
body, or it fails to become a law. 

In the Congress are vested all, or nearly all, the powers 
rowers of 2,nd attributes of national sovereignty, — • 
Congress. g^.]^ g^g belong to all independent natious. 

Among these powers are: i. To lay and collect taxes, 
duties, imposts, and excises; 2. To borrow money; 3, 



CONGRESS. 59 

To regulate commerce; 4. To coin money.; 5. To consti- 
tute judicial tribunals; 6. To declare war; 7. To grant 
letters of marque and reprisal ; 8. To raise and support 
armies; 9. To provide and maintain a navy; 10. To pro- 
vide for the calling-forth of military forces ; 11. To admit 
new States into the Union. 

All these powers, and many more, as will be seen in 
treating of the powers of Congress hereafter, are vested 
by the Constitution in this branch of the Federal Govern- 
ment. They must assemble at least once every year, 
which meeting shall be on the first Monday in December, 
unless they shall by law appoint a different day. 

Either or both Houses, on extraordinary occasions, may 
be required to convene in extra session, on the call of the 
President of the United States. 

The House of Representatives is, in a special sense, that 
division of the legislative body which represents the people 
of the several States. The members are The House of 
elected by the votes of the qualified voters Representatives. 
of the several State congressional districts. As will be seen 
hereafter, they are a much more numerous body than the 
Senate. In many respects they may be compared to the 
House of Commons in England. The term of its exist- 
ence, by constitutional limitation, can never extend beyond 
the period of two years. 

We have a new House of Representatives every alter- 
nate year, always commencing with the years of odd 
numbers ; and Congress is numbered by the number of 
times we have had a new House of Representatives. 
Thus we speak of the Fiftieth, Fifty-first, Fifty-second, and 
Fifty-third Congresses, and the numbers of these Con- 
gresses correspond to the number of times respectively that 
the House has been organized. 

The Senate is a perpetual body, consisting of two mem- 

Short. Civ. Gov.— 5 



6o CIVIL GOVERNMENT. 

bers from each State, chosen by the Legislature thereof 
for the term of six years. The Constitution requires 
hisfher qualifications for membership here 
than in the other House. The reasons for 
this will appear hereafter when we reach the analysis of 
the Senate. 

The Senators represent the States as States in their sov- 
ereign or political capacity. On the floor of the Senate 
the States, large and small, are equal in political power 
and influence. 

Questions. 

1. What is the Congress of the United States ? 

2. Of what does it consist? 

3. What if the President of the United States objects to a bill ? 

4. What powers are vested in Congress ? 

5. Will you state some of these powers ? 

6. How often and when shall Congress assemble ? 

7. What is said of an extra session of Congress ? 

8. What is the special character of the House of Representatives I 

9. How are members elected ? 

10. To what may they be compared ? 

11. How long is a Representative term ? 

12. How often do we have a new House / 

13. How are Congresses numbered ? 

14. What is the Senate ? 

15. What do the senators represent? 

16. What is the relative power of the States in the Senate ? 



BLACKBOARD EXERCISE, 



House of Representatives. 

I. How composed (^) 

II. Eligibility- 

1. Age (4) 

2. Citizenship ...... (4) 

3. Inhabitancy . . . . , • (4) 

III. Number of Members {5) 

IV. How apportio7ied o (PP) 

V. Enumeration, 

1. fF/z^;/ /«^^<? . • o . . . (5) 

2. .Z^Z£/ made ...... («5) 

VI. ^j whom elected ...... (^) 

VII. Qualification of Voters , . , o <> (S) 

VIII. ^/^^« elected (^) (i^ 

IX. How Vacancies are filled , .0 o \6) 
X. House Powers, 

1. Legislative. 

(a) Concurrent o • • • • (^) 

(b) Exclusive . • , , . (^^) 

2. Inquisitorial . • o • . » (7") 

3. Elective, 

(a) House Officers , o • » (7) 

(b) President of U. S. . , . (57) 



61 



CHAPTER IX. 

LESSON XL — HOUSE OF REPRESENTATIVES. 



The House of Representatives is one branch of the 
American Congress, and it assembles at Washington at 
least once a year to take part in making laws to govern the 
nation. This body alone cannot make the laws, but is 
coordinate with the Senate in lawmaking. 

The House of Representatives is composed of members 

elected by the people of the several States. These members 

I. Mow ^^^ called representatives because they are 

composed (3). supposed to represent the views and wishes 
of the people who elect them. They act and speak and 
vote as the agent of the people, who are called their con- 
stituency. 

The people cannot all assemble in one body or conven- 
tion to make the laws, and therefore they send their agents 
or representatives to do this business for them. It would 
be impossible for millions of people to assemble in one con- 
vention, and make the laws by which they would promise to 
be governed. 

Eligibility, as here used, signifies the right to hold and 
enjoy an office or position, if properly 
gt tt y. gjg^^g^ Qj. appointed thereto. To be eligi- 
ble to an office, one must possess the proper legal qualifi- 
cations for it. 

62 



HOUSE OF REPRESENTATIVES. 63 

The conditions of eligibility to the House of Represen- 
tatives are three : I. Age; 2. Citizenship; 3. Inhabitancy. 

1. Age is the first condition of eligibility to membership 
of the House of Representatives required 

1 1 ^ • • r-ni , 1. Age (4). 

by the Constitution. Ihe representative 

must have attained to the age of twenty-five years. 

Before the age required by the Constitution, few men 
have had sufficient experience and preparation to qualify 
them for so important a public trust. 

2. Another condition of eligibility is that 2. citizen- 
the member must have been a citizen of ship {4). 
the United States at least seven years. 

The following quotation from the Fourteenth Article of 
Amendment to the Constitution defines the meaning of the 
word "citizen" thus: — 

" All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside." 

We learn by this extract that a person may be a citizen 
of the United States either by birth or by naturalization. 

Naturalization is that process by which an alien or for- 
eigner becomes a citizen of the United States. Before the 
adoption of the Constitution, this whole subject was under 
the control of the several States, some requiring a longer, 
and others a shorter, period of time for its completion ; but 
under the present Constitution, Congress has exclusive con- 
trol of the matter, and now, by the laws of that body, it 
requires five years. These, added to the seven years of 
citizenship required by the Constitution, make it necessary 
that a person of foreign birth shall have actually resided in 
this country at least twelve years before he can take a seat as 
a member of the House of Representatives if elected thereto. 

This is a period sufficiently long, perhaps, to enable a 
person of foreign birth to make himself acquainted with our 



64 CIVIL GOVERNMENT. 

institutions and form of government, and to demonstrate 
his attacliment to our country. 

3. The third condition of eligibility is that the member 
must be an inhabitant of that State in which he shall 
3. Inhabit- ^6 chosen. States having more than one 
ancy (4). member are divided into congressional dis- 
tricts. A person may reside in one district and yet be 
elected by and for another district of the same State ; but 
this is not usual, though it has been done in some instances. 
If a person has been elected a member in one congressional 
district, and removes to another, or even to another State, 
this removal does not deprive him, during the term for 
which he was elected, of his seat in the House, 

Questions. 

i» What is the House of Representatives ? 

2. How does this branch stand related to the Senate in law- 

making ? 

3. How is the House composed ? 

4. Why are the members called representatives ? 

5. Why do the people send representatives to the House? 

6. What does eligibility here signify ? 

7„ What are the conditions of eligibility to the House? 

8. What does the word " citizen " mean ? 

9. How many ways of becoming a citizen of the United States ? 

10. What is naturalization ? 

11. In whose hands was this subject before the adoption of the 

Constitution ? 

12. Under whose control is this matter now ? 

13. How long time does it require for a person of foreign birth to 

become eligible to the House? 

14. What is the third condition of eligibility? 

15. How are the States divided ? 



HOUSE OF REPRESENTATIVES. 65 



LESSON XII.— HOUSE OF REPRESENTATIVES, 

Continued. 

As to number of members, the Constitution says, " The 
number of representatives shall not exceed jxi. Number of 
one for every thirty thousand; but each Members k5). 
State shall have at least one representative." 

When the Constitution was formed in 1787, the popula- 
tion of the States was not known, with anything like exact- 
ness, to the convention that framed that document. It was 
provided, however, by the Constitution, that the population 
should be ascertained within a few years by actual count 
or enumeration. 

The number of representatives in the first Constitu- 
tional Congress was sixty-five. This number, it was pre- 
sumed, gave one member to about thirty thousand inhabit- 
ants. 

As the population of the United States should increase, 
of course the number of members in proportion to the 
inhabitants represented must be diminished. If not, the 
number of members in the House of Representatives 
would become too great, in the course of a few years, for 
the convenient transaction of business. Hence once in 
ten years Congress fixes by law the proportion of repre- 
sentation to population. The necessity for this is mani- 
fest. For instance, the population of the United States 
one hundred years after the adoption of the Constitution 
was over sixty millions. With one representative for every 
thirty thousand, the House would then have consisted of 
two thousand members, — a number far beyond that of 
any legislative body in the world. 

The number of members is fixed by a law of Congress 
once in ten years, and their apportionment is based on the 



66 CIVIL GOVERNMENT. 

last census. The number fixed in accordance with the 
Thirteenth Census is 435, being i for each 211,877 per- 
sons and fraction of more than half thereof in each State. 
Using this number (called the ratio) as a divisor, and 
dividing the population of each of the States by it, the 
quotient will be its number of members allowed for whole 
ratios ; but in each instance there will be a remainder, 
larger or smaller. To each State having a remainder of 
more than half of 211,877, one additional member is 
allowed, so as to make the total of all the States 435. 
Each State is divided into congressional districts by its 
Legislature ; but, in case the number of representatives of 
a State is increased and the Legislature fails to redistrict 
the State before an election occurs, the additional member 
or members are elected at large on the general State ticket. 
In case the number were diminished and the State were 
not redistricted, the entire number of representatives 
would be elected at large. 

Nevada has a population less than half of 211,877 ; but 
it has one member under the constitutional provision that 
*' each State shall have at least one representative." 

Hawaii and Alaska each elect one delegate, Porto Rico 
one commissioner, and the Philippines two commissioners, 
who have seats in the House and may speak, but not vote, 
on any question. 

Questions. 

16. What does the Constitution say on this subject? 

17. What was known about the population of the States when the 

Constitution was formed? 

18. What was provided by the Constitution in reference to this ? 

19. How many members were in the first Constitutional Congress? 

20. As the population of the United States should increase, what 

must be done ? 

21. Why must this be done? 

22. By whom and how often is the number of members fixed? 



HOUSE OF REPRESENTATIVES. 67 

23. What is the present number? How apportioned and allotted 

among the States ? 

24. What members are called members at large? 

25. How are members at large elected ? 

26. What if new States are admitted into the Union ? 

27. What is said of delegates and commissioners ? 



LESSON XIIL— HOUSE OF REPRESENTATIVES, 

Co7itinued. 

When the Constitution was adopted, slavery existed in 
every State excepting Massachusetts. As a matter of com- 
promise between the North and South, and j^. Hotvappor- 
after long and earnest debate in the con- tioned{99). 
vention that framed that document, the following clause 
was accepted as the rule for determining the representative 
population : — . 

" Representatives and direct taxes shall be apportioned 
among the several States which may be included within 
this Union, according to their respective numbers, which 
shall be determined by adding to the whole number of free 
persons, including those bound to service for a term of 
years, and excluding Indians not taxed, three fifths of all 
other persons. " 

The last clause of this period, '^ three fifths of all other 
persons," refers to slaves. Three fifths of these were to 
be counted as representative population. 

It will be observed that the Constitution nowhere men- 
tions the word "slave" or "slavery." Whenever it is 
necessary to allude to that class of persons, a definition is 
adopted instead of the word itself. This was deliberately 
intended by the authors of that instrument, feeling that it 
would be a stain upon their work. The word " slavery " 
occurs in the Thirteenth Article of Amendment, and 



68 CIVIL GOVERNMENT. 

there only for the purpose of abolishing that institution 
throughout the United States, and in all places subject to 
their jurisdiction. This amendment was proclaimed by the 
secretary of state, Dec. i8^ 1865, to be a part of the supreme 
law of the land. From that day, therefore, slavery ceased 
to exist throughout the United States and their Terri- 
tories. 

By a part of the second clause of the Fourteenth Article 
of Amendment, which was subsequently adopted July 28, 
1868, the count of representative population was essen- 
tially modified. From the time of the adoption of that 
article, representatives are to be apportioned among the 
several States according to their respective numbers, count- 
ing the whole number of persons in each State, excluding 
Indians not taxed. 

By a subsequent provision of the same clause, if any 
State shall disfranchise any of the male population, being 
twenty-one years of age and citizens of the United States, 
and prohibit their voting at the usual elections, the basis of 
representation is to be reduced in the proportion which 
the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such 
State. 

By the Fifteenth Article of Amendment, subsequently 
adopted March 30, 1870, the States are forbidden to deny 
or abridge the right of citizens of the United States to 
vote on account of race, color, or previous condition of 
servitude. 

Thus it Vv'ill be seen that the entire population, and the 
representative population, excluding Indians not taxed, 
are identical. 



HOUSE OF REPRESENTATIVES. 69 



Questions. 

28. How many States held slaves at the adoption of the Constitu- 

tion ? 

29. How were representatives then apportioned? 

30. To whom does " three fifths of all other persons " refer? 

31. Where and for what purpose does the word " slavery" occur 

in the Constitution ? 

32. When was slavery abolished in this country? 

33. How are representatives now to be apportioned ? 

34. For what cause is the basis of representation to be reduced ? 

35. What is the substance of the Fifteenth Article of Amendment ? 



LESSON XIV. — HOUSE OF REPRESENTATIVES, 

Continued. 

It will be remembered that the Constitution was formed 
in 1787. In reference to the enumeration, it says that the 
actual enumeration shall be made within 

V. Emitne ration. 

three years after the first meeting of the 
Congress of the United States, and within every subse- 
quent term of ten years, in such manner as they shall by 
law direct. 

The enumeration is what is generally known as the 
census. The primary and leading object for which the 
census is taken is to equalize representation in the House 
of Representatives in proportion to the population of the 
several States. Indeed, this is the only means by which 
equality by representation can be secured. 

The Constitution requires that the census shall be taken 
once in ten years. By act of Congress it was taken the 
first time in 1790 : and it has been taken ^ _^ ^ ^^ 

' ^ ^ 1. Wfienmade (5). 

decennially ever since, during the first 

year of every regular decade : thus, 1800, 1810, 1820, etc. 

It has .therefore already been taken thirteen times. 



70 CIVIL GOVERNMENT. 

The manner of taking the census is under the control of 

Congress, to be fixed from time to time by law. Since the 

organization of the Department of Com- 

2 . How made {5) . i t i / \ i i 

merce and Labor (1903), that department 
has had general supervision of the matter. The Thirteenth 
Census was by law placed under the immediate superintend- 
ence of the director of the census, who was made the head 
of the Census Office. Supervisors had charge of limited 
districts, one or more in each State, under whose direction 
the enumerators canvassed their respective subdistricts 
during the month of April, 19 10. 

The duties of these enumerators consisted in visiting 
personally every dwelling-house and family within the 
limits of their respective jurisdictions, and propounding 
to some member of the family, of suitable age and intelli- 
gence, such questions as are required by act of Congress. 

These questions relate not only to the number of inhab- 
itants, but to their ages, sex, color, ability to read and 
write, facts relating to agriculture, manufactures, commerce, 
resources of the country, its productions, and, in fact, 
everything that may be necessary to give a general view 
of the condition of the United States. 

For the collection of industrial statistics there were em- 
ployed, besides the enumerators, many special agents. 

Nor is it left to the discretion of persons questioned 
whether they will answer the interrogatories. They are 
compelled to answer, under penalty of a heavy fine for 
refusing to do so. 

Representatives are elected by the people of the several 
States. This is required by the express language of the 

ri. By whom Constitution. The word " people," how- 
eiected (S). ever, does not include all persons, men, 
women, and children, but includes those persons only who 
are qualified voters. 



HOUSE OF REPRESENTATIVES. 7 1 

This provision of the Constitution met with very strong 
opposition in the convention that framed that document. 
Some of the ablest men of that body contended that it 
was unsafe to allow the people to elect, by direct vote, 
their own representatives to Congress. This class of 
members earnestly contended that it would be an excess 
of democracy most dangerous in the hands of the people ; 
that they were not qualified to exercise this prerogative. 
By the members holding this view it was proposed that 
these elections should be referred to the several State 
Legislatures. But at length the provision passed by a 
very close vote. Had the proposition prevailed to elect 
representatives by State Legislatures, it is highly probable 
that the Constitution would have been rejected by the 
people. 

Questions. 

36. When was the Constitution formed ? 

37. What does it say of enumeration ? 

38. What is the leading object for which the census is taken? 

39. How often must the census be taken ? 

40. When was the first census taken ? 

41. How many times has it been taken ? 

42. Who has the control of this matter? 

43. What department has the supervision of this matter? 

44. What officer has immediate control of the census ? 

45. What other officers are employed in this business ? 

46. How do the enumerators canvass their districts ? 

47. What penalty attaches to a refusal to answer the oflScer's ques- 

tions ? 

48. By whom are representatives elected ? 

49. Who are these people ? 

50. What is the substance of the discussion in the convention on 

this subject? 



72 



CIVIL GOVERNMENT. 



LESSON XV. — HOUSE OF REPRESENTATIVES, 

Continued. 

The word " electors " here means voters. The Con- 
stitution requires that the electors, or voters for members 
■^^, .. ,.^ of the House of Representatives, shall have 

VII. Qualtfica- _ ^ ' 

tions of meet- the qualifications requisite for the voters, 
ors (3). Qj. electors of the most numerous branch of 
the State Legislature. 

A State Legislature, like the Federal Congress, consists 
of two Houses, one of which is called the Senate, and the 
other of which is known as the Assembly, House of Dele- 
gates, or House of Representatives, — in one State by one 
name, in another by another. The Senate is the least 
numerous branch, and is frequently called the upper 
House ; the other branch is the most numerous, and is 
often called the lower House. 

In some States higher qualifications are required to vote 
for members of the upper than of the lower House ; but, by 
the provision of the Constitution just referred to, no State 
has the right to require any higher qualification of an 
elector to vote for a member of the House of Representa- 
tives than it requires to vote for a member of its own lower 
House. 

For instance: the Senate of the State of New York 
consists of fifty-one members ; the Assembly, of one hundred 
and fifty, the Assembly being the most numerous branch 
of the State Legislature. Now, if the State of New 
York were to require a property qualification to vote for 
a State senator, and no such quafification to vote for a 
member of the other House, that State could not re- 
quire a property quahfication to vote for a member of 
the National House of Representatives. Whoever may 



HOUSE OF REPRESENTATIVES. ^3 

vote for a member of Assembly in New York may enjoy 
the right to vote for a representative in Congress. Each 
State, therefore, determines this whole question for itself 
Were women allowed to vote for members of the Assembly 
in the State of New York, they must also be allowed to 
vote for members of the lower House of Congress. 

Members of the House of Representatives are elected in 
the several States by congressional districts. When it has 
been ascertained how many members each State is entitled 
to, the Legislatures of the several States divide them 
respectively into as many congressional districts as they 
are each entitled to members. These congressional dis- 
tricts are numbered, for convenience, ist, 2d, 3d, etc., and 
are known by their numbers. 

The electors of each district vote for but one candidate, 
though that candidate need not necessarily be a resident 
of the voter's district. He must, however, as we have seen, 
be an inhabitant of the State in which he shall be chosen. 

The Constitution says that representatives shall be chosen 
every second year; that is, once in two riii. when eiect- 
years. The representative term commences *^ (^) (^'^)- 
the fourth day of March next after the election of the mem- 
bers, and continues for two years. 

For many years the day of election of representatives 
was not the same in the several States, — the time was 
regulated by each State Legislature for its own jurisdic- 
tion, — but by paragraph (15) of the Constitution the time 
of holding elections for representatives may be determined 
by Congress. 

Under this authority a law was passed Feb. 2, 1872, 
fixing the time for election of representatives ; and by this 
law the time is the same throughout the United States, 
except in a few States where another day is fixed by the 
State constitutions. 



74 CIVIL GOVERNMENT. 

In all other States and Territories the election must be 
held on the first Tuesday after the first Monday in Novem- 
ber, the year of the election. 

The Constitution says, " When vacancies happen in the 
IX. Motv Facfflw.- representation from any State, the execu- 
cies are filled i6).^^^Q authority thereof shall issue writs of 
election to fill such vacancies.'^ 

The writ of election is directed to the proper officer of 
the congressional district in which the vacancy occurs. 
The writ commands that the election shall be held at a 
time therein named, and it is the duty of the officer to 
whom it is directed to give notice thereof The election 
held in pursuance of such writ is called a special election. 

The representative elected to fill a vacancy serves only 
the unexpired portion of the term for which his predecessor 
was elected. Vacancies can only happen by death, resigna- 
tion, or expulsion of the incumbent from his seat in the House. 

Questions. 

51. What does the word "electors" mean? 

52. What must be the qualifications of voters? 

53. Of what do State Legislatures consist? 

54. Which is the most numerous branch? 

55. What qualifications has a State a right to require of voters foi 

a representative in Congress? 

56. Give the substance of the illustration. 

57. What is said about congressional districts? 

58. How often are members chosen ? 

59. When does a representative term begin, and how long continue ? 

60. By whom has the time for electing representatives been deter- 

mined heretofore ? 

61. By whom is it now determined ? 

62. Hereafter on what day is the election to take place ? 

63. Where is the election to be held on that day ? 

64. How are vacancies filled ? 

65. What is said about this writ of election? 

66. How may vacancies occur? 



HOUSE OF REPRESENTATIVES. 



75 



LESSON XVI. —HOUSE OF REPRESENTATIVES, 

Continued^ 

The House is coordinate with the Senate in general 
legislation. There are special powers peculiar to each 
House, and these are so clearly defined in ^ „ 

"' S., SLotise Powers. 

the Constitution as to take away all ambi- i. Legislative. 
guity. There can be no mistaking the pow- ^''^ Concurrent {2). 
ers of one House for those of the other. But in the general 
ordinary business of lawmaking the Houses are coordinate 
in legislative power. 

The Constitution says, "All bills for raising reve- 
nue shall originate in the House of Repre- 

^ ^. „ ^ ih) Exclusive 123). 

sentatives. 

It will be seen, therefore, that the power for originating 
bills which may result in a tax upon the people belongs 
exclusively to the House. 

This body, as has been stated, is constituted of the more 
immediate representatives of the people ; and as the people 
are to pay the taxes, if any are imposed, it would seem fit 
and proper that their representatives should be the prime 
movers in any measures that require money to prosecute 
them. 

The House of Representatives has the sole power of 
finding, or preferring articles of impeachment. An im^ 
peachment is a solemn and specific accusa- 2. inquisitor 
tion brought against a public officer, drawn ***"' ^'^' 

out in due form, charging him with treason, bribery, or 
other crimes and misdemeanors. 

It is in the nature of an indictment, being ov\y prima 
facie evidence of guilt; sufficient, however, to put the 
accused on trial at the bar of the Senate. Although it 
requires a majority of two thirds of the Senate to convict 

Short. Civ. Gov.— 6 



76 CIVIL GOVERNMENT. 

the accused, it requires only a numerical majority to prefer 
the impeachment by the House. 

It would be in the highest degree improper for the ac- 
cusing party to try and pronounce upon the guilt of the 
accused. When originating charges of impeachment, the 
House acts as the grand inquest of the nation. The Senate 
alone decides on the innocence or guilt of the accused. 

In England the power of impeachment is vested in the 
House of Commons, the people's branch of the legislative 
department ; and the trial of impeachment belongs to the 
House of Lords, to which our Senate is somewhat analo- 
gous (see Townsend's Analysis of Civil Government). 

The Constitution says that the House shall choose their 
speaker and other officers. The speaker is the presiding 

3. Elective officer of the House. He is chosen from 

(a) Souse Off,- among the members themselves, being 
himself a representative. It is his duty to 
preside over the deliberations of the House, and to decide 
questions of order. The other officers are a clerk, sergeant- 
at-arms, postmaster, and doorkeeper. These officers are 
not members of the House. 

Among the peculiar and exclusive powers of the House 
(p) President of the ^^ Representatives is that of choosing a 
United States (37). President of the United States in a cer- 
tain contingency. 

When the electors of President and Vice-President fail to 
elect a President by a majority of all the electors appointed 
by the people for that purpose, the election of the President 
devolves on the House. This has occurred twice since the 
adoption of the Constitution. 

The first instance of an election by the House occurred 
in t8oi. The two opposing candidates were Thomas Jef- 
ferson of Virginia, and Aaron Burr of New York. Mr. 
Jefferson was elected on the thirty-sixth ballot. 



HOUSE OF REPRESENTATIVES. 77 

The second instance of the kind occurred in 1825. At 
that time there were three candidates for the office, whose 
names were before the House. These were John Quincy 
Adams of Massachusetts, Andrew Jackson of Tennessee, 
and Wilham H. Crawford of Georgia. Mr. Adams re- 
ceived a majority of the votes on the first ballot, and was 
declared elected. He was the sixth President of the United 
States. 

Questions. 

67. How are House powers divided and subdivided? 

68. What is said about the special powers of the two Houses ? 
6g. What bills must originate in the House ? 

70. What is an impeachment ? 

71. What is said about impeachments in England ? 

72. What are the position and duties of the speaker? 

73. What are the other officers of the House? 

74. In what case does the House elect a President of the United 

States ? 

75. How many times, and when, has this occurred in our history? 



BLACKBOARD EXERCISE. 





Senate. 




\. 


How composed o o o o o 


= (^) 


IL 


Eligibility. 






I o -^ge o o o o o o 


. (io) 




2. Citizenship * o o o o 


„ (iO) 




3. Inhabitancy c 


. (W) 


III. 


Senatorial Term 0000 


. (*) 


IV. 


By whom chosen 00000 


. (5) 


V. 


^/z<f;/ chosefi „ • « 


. (9) 


VI. 


Zr^Z£/ classed. 






I. Expires Second Year » 


» (9) 




2. Expires Eoiirth Year 


. (») 




3. Expires Sixth Year , 


. (9) 


VIL 


Z^2£/ Vacancies a?'e filled. 






I. Legislature c <> 


. (9) 




2o »S/<2/<? Executive 0000 


. (9) 


VIII. 


?^/^ ..0000 


« (S) 


IX. 


Presiding Officer. 






I. Vice-President U. S, . 


. (") 




2. Preside7it pro tejfipore 


. (■?«) 




3. Chief Justice 0000 


. (i^) 


X. 


Senate Powers. 






I. Legislative , 0000 


. (2) 




2. Executive. 






(a) Appointments 


. (64) 




(b) Treaties 0000 


. (64) 




3o Elective. 






(a) Senate Officers c • 


. {12) 




(b) Vice-President U. S. 


. (57) 




4. "Judicial ,0000 


. m 




98 





CHAPTER X. 

LESSON XVIL — SENATE. 



The Senate of the United States is composed of two 
senators from each State. While in the House each State 
is represented in proportion to the popula- j, s:ow 
tion thereof, and consequently enjoys politi- composed (sy 
cal power in that proportion^ no such distinction exists in 
the Senate : here the States, large and small, are equal. 
This is an unalterable provision of the Constitution, as will 
be seen by the closing language of Article V. of that docu- 
ment, which says, " No State, without its consent, shall be 
deprived of its equal suffrage in the Senate." 

The composition of the Senate is the result of compro- 
mise between the larger and smaller States represented in 
the Constitutional Convention. Under the Confederation, 
it will be remembered, the representative power in Con- 
gress was the same in all the States ; and that body con- 
sisted of but one House. The small State of Rhode Island 
had one vote, and the great State of Virginia had no more. 
The small States were tenacious of this power, and were 
reluctant to allow any encroachment on their sovereignty. 

The large States yielded one point in the compromise, 
and the small States another. The large States consented 
to equality in the Senate ; and the small States, to repre- 
sentation in the House in proportion to population. And 
as every bill, before it can become a law, must pass both 



79 



So CIVIL GOVERNMENT. 

Houses of Congress, the rights of the smaller States are 
not likely to be compromised in the legislative depart- 
ments. 

The age of a senator must be at least thirty years. By 
reference to the age required for membership in the other 
II. migihiiiuj. HousG, it will be seen that there is a diifer- 

1. Age {10). ence of five years, a man being eligible to 
a seat in that House at twenty-five years. It is considered, 
that, at least in some respects, the duties of a senator are 
more responsible than the duties of a member of the House 
of Representatives. 

This may be inferred from the following : — 

ist. There can be but two senators from one State, while 
the number of representatives will depend on the popula- 
tion. The State of New York, for instance, can have but 
two senators, but, by the apportionment based on the census 
of 19 1 o, has forty-three members of the other House. 

2d, The responsible duty of trying all impeachments 
devolves on the Senate ; and from their decision there is 
no appeal. 

3d, On the Senate rests the grave responsibility of de- 
ciding on the fitness of executive nominations to office. 

4th, In the Senate is vested, jointly with the executive, 
the prerogative of treaty-making. 

Any person born or naturalized in the United States, 
and subject to the jurisdiction thereof, is a citizen. The 
2. Citizenship period of citizcnship here required, before 
i^o). 2i person can be eligible to a seat in the 

Senate, is nine years. This refers to persons of foreign 
birth, who must go through the process of naturalization in 
order to become citizens. 

The laws of Congress require five years' residence 
before an alien can become naturalized, and the Constitu- 
tion nine years' citizenship before he can hold the office 



SENATE. ' 8 1 

of United States senator ; making fourteen years' resi- 
dence necessary before he is eligible to a seat in that 
body. 

A senator of the United States must be an inhabitant of 
that State for which he is chosen. 3. inhabitancy 

But let it be observed, that necessity of (^^>' 

inhabitancy is Kmited to the time w/ien chosen. A senator 
chosen for New York^ for instance, does not vacate his seat 
in the Senate by changing his residence to any other State 
during the term for which he was elected. It might be in ^ 
the highest degree proper that he should resign, but that 
is a matter within his own discretion. 

Questions. 

1. How is the Senate of the United States composed, and how 

does it differ in composition from the House of Representa- 
tives ? 

2. What is the provision of the Constitution with reference to 

this? 

3. Of what is the composition of the Senate of the United States 

the result? 

4. What is said of the power of Congress under the Confedera- 

tion? 

5. What are the conditions of eligibility to the Senate of the 

United States ? 

6. In what respects are the duties of a senator more responsible 

than those of a member of the other House ? 

7. Who are citizens of the United States, and what are the citizen- 

ship conditions of eligibility to the United States Senate? 

8. What time is required for naturalization ? 

9. What is said of the necessity of continuous inhabitancy to ren- 

der one eligible as presiding officer of the Senate? 



82 CIVIL GOVERNMENT. 



LESSON XVIII. — SENATE, Continued. 

The full senatorial term is six years, — a period three 

times as long as a term in the other House. The senato- 

III. Senatorial rial term was a subject of earnest debate 

Term {8). jj^ ^^g convention, and on which, at first, 

there was great difference of opinion. 

The terms of three, four, five, six, seven, and nine years 
were severally proposed, and each had its advocates. 
Several members were in favor of extending the term for 
life, or during good behavior. 

All were in favor of a term sufficiently long to insure to 
the office dignity, stability, and independence. Six years 
was probably not the choice of half the members of the 
convention, but that term was adopted as a compromise 
of the extremes. 

It was the intention of the authors of the Constitution 
that the Senate should be a far more grave, dignified, and 
aristocratic body than the House. 

The senators are chosen by the Legislatures of their 

respective States.^ They represent their States in their 

IV. By whom political capacity, and are not regarded as 

chosen (S). representatives of the people. In the other 
House, a member, as we have seen, represents the people 
of his congressional district. The senator represents the 
whole State, by which he is chosen through its Legislature. 
Therefore State Legislatures have sometimes claimed the 
right to instruct their senators in regard to the course 
which they wish them to take on great national questions, 

1 In 1912 Congress proposed an amendment to the Constitution, provid- 
ing that the senators should be chosen by vote of the people of their re- 
spective States. This amendment will go into effect when ratified by the 
Legislatures of three fourths of the States. 



SENATE. 8;^ 

even to the extent of dictating how they shall vote on such 
questions. 

By a provision of the Constitution, one third of the num- 
ber of senators is chosen every second y, when chosen 
year. <^^)- 

This must necessarily be so, on account of the mode 
of classifying the senators which is prescribed in the Con- 
stitution, and which is therein directed to take place at 
the first organization of the Senate under the new gov- 
ernment. 

Only one third of the senators being chosen every sec- 
ond year, and but one third retiring every second year, 
the Senate must always be constituted of members one 
third of whom have had at least four years of legislative 
experience, and of another third who have had at least 
two. 

By act of Congress, passed July 26, 1866, relating to 
the election of United States senators by the State Legis- 
latures, it is provided, — 

ist. That each House shall, by a vote mTjd voce of each 
member present, on the second Tuesday after the meeting 
and organization thereof, name a person for senator of the 
United States. 

2d, On the day following, the two Houses shall meet 
in joint assembly ; and, if the same person shall have re- 
ceived a majority of all the votes cast in each House, he 
shall be declared duly elected senator of the United 
States. 

3d, If no person has received such majorities, then the 
joint assembly shall choose by a viva voce vote a person 
for senator ; and the person who shall receive a majority 
of all the votes of the joint assembly, a majority of the 
members of each House being present, shall be declared 
duly elected. 



84 CIVIL GOVERNMENT. 

4th, If such senator is not elected on the first day, the 
joint assembly shall meet, and take at least one vote per 
day, during the entire session of the Legislature, or until a 
senator shall be elected. 

5th, In relation to vacancies, the act provides that when 
one exists at a meeting of the Legislature, the same pro- 
ceedings shall be had on the second Tuesday after their 
meeting and organization. 

6th, When a vacancy shall happen during the session of 
the Legislature, like proceedings shall be had, beginning 
with the second Tuesday after notice of such vacancy 
shall have been received. 

7th, The governor of the State shall certify the election 
of a senator to the President of the United States. 

Questions. 

10. What is a senatorial term ? 

11. How does this compare with a term in the other House of 

Congress ? 

12. What were the views of the members of the convention on 

this subject ? 

13. By whom are the senators chosen, and whom do they represent 

in their political capacity ? 

14. How does the representation of senators differ from that of 

the other House? 

15. Why do State Legislatures claim the right to instruct their 

senators ? 

16. What portion of the senators is chosen every second year, and 

why must this be so ? 

17. What is the result of this ? 

18. When, and by what formality, are United States senators 

elected ? 



SENATE. 85 



LESSON XIX. — SENATE, Continued. 

The Constitution says, " Immediately after they shall be 
assembled in consequence of the first election, they shall 
be divided, as equally as may be, into three yi. Three classes 
classes. The seats of the senators of the of Senators i9). 
first class shall be vacated at the expiration of the second 
year ; of the second class, at the expiration of the fourth 
year ; and of the third class, at the expiration of the sixth 
year." 

By the foregoing provisions of the Constitution, it will be 
seen that the Senate is a perpetual body. This was the 
intention of the framers of that instrument. The preroga- 
tives with which it is invested, and the duties required of 
it, render this indispensable. It may be necessary to con- 
vene them at any time for the purpose of trying impeach- 
ments, confirming executive nominations to office, or con- 
curring with the President in making treaties. Of course, 
there would be times when this could not be done if the 
Senate were not a perpetual body. 

The number of senators at first was twenty-six, there being 
thirteen States in the Union, and two senators from each 
State. Were each of these senators to serve for six years, 
their terms would all expire at the same time ; but the plan 
was, that one third should retire every second year : hence 
the first Congress classified the senators, and determined 
by lot -who should retire at the end of two years, who at 
the end of four, and who at the end of six. That classi- 
fication has been preserved, as nearly as practicable, ever 
since. 

When a new State is admitted into the Union, and it 
chooses two senators, it is determined by lot which shall 
serve for the short and which for the full term. 



S6 CIVIL GOVERNMENT. 

The language of the Constitution on the subject of filling 
vacancies is as follows : — 

" If vacancies happen by resignation or otherwise during 
the recess of the Legislature of any State, the Executive 
rii. Bow Vacan- thereof may make temporary appointments 

cies are filled. ^^^x.\\ ^he next meeting of the Legislature, 
which shall then fill such vacancies." 

As implied by this language, if the Legislature of the 
State in which the vacancy occurs is in session when it 
J. B2/*7ieiesri*ia- happens, that body will fill the vacancy. 
ture (9). As to whcn and how they shall fill it, has 
been explained under the head, in this chapter, " When 
chosen." 

The Executive is the governor of the State. He may 
2. By the Execu- make temporary appointments to fill vacan- 
tive (9). ^-gg ^Yi^x occur when the State Legislature 
is not in session. 

If the Legislature is in session when the vacancy hap- 
pens, the governor has no authority over the matter : nor 
can he make an appointment, even for a single day, in 
anticipation of a vacancy that is soon to occur ; he must 
wait until it has really taken place. This has been decided 
by the Senate of the United States. Nor can the State 
Legislature choose a senator to fill a vacancy, until the 
vacancy has actually happened. 

The Constitution says, " Each senator shall have one 
vote." 

This clause would seem to be superfluous, unless it be 

remembered, that, under the Confederation, each State, 

whatever the number of its members in 

nil. Vote («). 

Congress, had but one vote ; and, if less 
than two members were present, it had no vote. 

The States were each allowed from two to seven mem- 
bers ; and, if their delegation was equally divided, they 



SENATE. 



87 



lost their vote. One member was incapable of voting 
alone. 

It was the intention of the Constitution to give equality 
of suffrage in the Senate ; with the further advantage that 
a senator shall not lose his vote, nor his State go entirely 
unrepresented, on account of the absence of one of the 
members from the Senate Chamber. 

Questions. 

19. How are senators classed, and when do their terms expire? 

20. How long does the Senate exist? 

21. What is the necessity of this ? 

22. How many senators were in the first Constitutional Congress? 

23. By what means were they classified ? 

24. What is done when new States are admitted? 

25. B)^ whom are vacancies filled ? 

26. What has been decided by the Senate in regard to filling 

vacancies ? 

27. What is the origin of the provision that each senator shall 

have one vote ? 



LESSON XX. — SENATE, Continued. 

The Vice-President of the United States is ex officio (that 
is, by virtue of his office) president of the Senate. He 
performs the ordinary duties devolving on 
a presiding officer, except that he does not inf, officer. 
appoint the standing committees. This ^- ^*ce-Pres. 
exception is proper from the fact that he 
is not a member of the body over which he presides. 

In case of the removal of the President of the United 
States from office, or of his death, resignation, or inability 
to discharge the powers and duties of the said office, these 
duties devolve on the Vice-President; and he becomes 



88 CIVIL GOVERNMENT. 

President of the United States. In such case, of course, 
he will not act as presiding officer of the Senate ; nor will 
he act as president of that body during the trial of the 
President of the United States on impeachment, should such 
an event occur. 

By the Constitution, the Senate are required to choose a 
2. President pro president /r<? tempore^ in the absence of the 

tempore {12). Vice-Presidcnt, or when that officer shall 
be occupying the office and performing the duties of Presi- 
dent of the United States. 

The president pro tempore of the Senate is sometimes 
called the Vice-President of the United States ; only, 
however, when the Vice-President has become President. 
This is often done, doubtless, by way of courtesy, but some- 
times because he is really thought to be in fact such officer. 
This is a mistake which arose from the fact that until 1886 
the president /r^ tempore of the Senate stood next in the 
line of succession to the office of chief magistrate, in case 
of the death of both the President and Vice-President. 

The Vice-President is an officer of the United States, 
and no such officer can be a member of either House of 
Congress. The president pro tempore of the Senate is a 
member of that body, while the Vice-President of the 
United States is not. 

A person may be eligible to the office of senator, and 
consequently to the position of president /r^ tempore^ though 
ineligible to the office of Vice-President of the United States 
(see Townsend's Analysis of Civil Government). 

The President of the United States is removable from 

office on impeachment by the House, and conviction by 

8. Chief Justice the Senate. The Senate has the sole 

^^^^' power to try all impeachments. When the 

President is tried, the chief justice of the United States 

Supreme Court shall preside. 



SENATE. 



«9 



It would be manifestly improper for the Vice-President 
of the United States to preside over the trial of the Pres- 
ident, whose conviction would result in removal from office. 
As the Vice-President, in such case, would succeed to the 
office of President, the former would be directly interested 
in the conviction of the latter. The President of the 
United States is the highest officer under our government ; 
and it may be regarded in the highest degree propei 
and befitting, that, if brought to trial on impeachment, the 
highest judicial officer should preside over the solemn 
deliberations of such an august proceeding. 

Questions. 

28. Who is the presiding officer of the Senate of the United 

States ? 

29. What are his duties? 

30. Why does he not appoint committees? 

31. To what other duties may he be called ? 

32. Under what circumstances does he not preside over the 

Senate ? 

33. When is the president /r^? tempore chosen? 

34. What is the president /w /^w/^r^ sometimes called? 

35. Why is he not such officer? 

36. When does the chief justice of the United States Supreme 

Court preside over the Senate ? 

37. Why would it be improper for the Vice-President to preside 

in such case? 

38. Why is the chief justice of the Supreme Court a more appro- 

priate presiding officer? 



90 CIVIL GOVERNMENT. 

LESSON XXI. — SENATE, Continued. 

The Constitution makes no general distinction between 
the powers of the two Houses in legislation. It vests all 
X. sewaee Poic;er«. legislative power in a Congress of the 
1. Legislative Qi). United States, consisting of a Senate and 
House of Representatives. These bodies are therefore 
coordinate with each other in general legislation. 

But, as we have seen in a former chapter, there is one 
power relating to legislation vested in the House exclu- 
sively j and that is the power to originate bills for raising 
revenue. 

Yet, when these bills reach the Senate, that branch of 
the Legislature may treat them in all respects as though 
they originated there. They can propose amendments, 
concur with amendments, or reject them, if proposed by 
the House, at any stage of the proceedings j or they can 
reject the bills altogether. 

The power over appointments to office and of ratifying 
treaties is called executive, because in such cases the Senate 

2. Exectitive. ^^^^ on the rccommendations of the Presi- 

(«) Appoint- dent. In the transaction of such business 
merits (64). ^-j^q session is Called an executive session ; 
and they sit with closed doors, the members being generally 
under an injunction of secrecy. 

The President nominates, and by and with the advice 
and consent of the Senate appoints, ambassadors, other 
public ministers, and consuls; judges of the Supreme 
Court, and all other officers of the United States whose 
appointments are not otherwise provided for in the Con- 
stitution, and which are established by law. 

The power is vested in the Senate of ratifying or 
rejecting these nominations of the President. 



SENATE. 91 

A treaty is an agreement or contract between two or more 
nations, entered into with proper formality and solemnity, 
defining: tlie rights of the respective parties 

00 r r ^j^y Treaties (64). 

thereto with regard to trade, commerce, 

boundaries, or any other subject of interest to the nations 

concerned. 

The terms of treaties are usually agreed upon either 
by commissioners appointed by their respective govern- 
ments for the specific purpose of arranging the details, or 
by ambassadors or other public ministers. 

Treaties are discussed by the Senate in secret session. 
They can ratify or reject a treaty, or ratify it in part and 
reject it in part j or they can make additions to it. Every 
part of a treaty, to be valid, must of necessity be ratified 
by a vote of at least two thirds of the senators present 
and voting thereon. 

When amendments to, or alterations of, the treaties 
have been made by the Senate, the whole document must 
be re-submitted to the President, and also to the foreign 
government with whom negotiations are pending. 

The Senate has the power to elect its officers, except 
the president thereof, who holds this position by virtue of 
his being Vice-President of the United ^^ Elective. 
States. They are required by the Con- («) Senate offi- 
stitution to choose a president pro tempore *'^*'* ^ ^* 
also. Deliberative bodies, with few exceptions, elect their 
own officers \ and this is necessary to their independence. 
Here is one of the exceptions to the general rule, however, 
that the Vice-President is, ex officio^ president of the 
Senate. 

Besides the president pro tempore^ the Senate officers 
are a secretary, who keeps the record or journal, has charge 
of the papers, and reads such as he may be called upon by 
the members to read; a sergeant-at-arms and doorkeeper. 

Short. Civ. Gtov.— 7 



92 CIVIL GOVERNMENT. 

who sees that orders of the Senate are executed; and a 
postmaster, who sees to the maiUng and distributing of 
letters and papers for the members. 

These officers, except the president pro tempore^ are not 
specified in the Constitution, and are not elected from the 
members of the Senate. 

As a last resort, the Senate elects a Vice-President of 
the United States. This is not done, however, until an 
(&) rice-Presi- attempt to elect this officer on the part of 
dent {57). electors chosen by the people has resulted 
in a failure. An election of a Vice-President by the 
Senate has taken place in the history of our government 
but once i in 1837 Richard M. Johnson was elected by the 
SenatCc 

The Constitution vests in the Senate the sole power to 
try all impeachments. 

4, Judicial. . . ■, r^ 

When trymg impeachments, the Senate 
sits as a court ; and from their decision there is no appeal. 
Nor can the President of the United States exercise the 
pardoning power in cases of impeachment. 

It requires a concurrence of two thirds of the members 
present to convict a party on impeachment. This was 
believed to be necessary in order to guard against hasty 
and inconsiderate decisions, and to prevent convictions 
from party zeal and political bias and prejudice. So large 
a majority, moreover, would be more likely to command 
the respect and peaceable acquiescence of the whole 
country. 

The Constitution limits the punishment to be inflicted 
by the Senate on impeachment (i) to removal from 
office ; and (2) to disqualification to hold and enjoy 
any office of honor, trust, or profit under the United 
States. 



SENATE. 93 



Questions. 

3g. What is said of the general legislative power? 

40. What legislative power belongs to the House only? 

41. What power has the Senate over these bills? 

42. What are the Executive powers of the Senate ? 

43. On what appointments to office does the Senate act? 

44. What is a treaty ? 

45. By whom are the terms of treaties generally proposed? 

46. What power over treaties has the Senate? 

47. What officers has the Senate ? 

48. By whom are they chosen ? 

49. What are the duties of these officers ? 

50. When does the Senate elect a Vice-President of the United 

States? 

51. How many times has this occurred ? 

52. What is the judicial power of the Senate ? 

53. What is said about impeachments? 

54. What punishment may follow impeachment? 



BLACKBOARD EXERCISE, 



Provisions Common to Both Houses. 

I. Membership • . (i7) 

II. Ineligibility. 

1. Official Incumbrance • • • • {22) 

2. Disloyalty . . • . . . (100) 

III. Business Quorum (11) 

IV. Parliamentary Rules . • . • • (18) 
V. Yeas and Nays (19) 

VI. journal, 

1. Keeping , . • • • • , (19) 

2. Publishing .,.••• (iP) 
VII, Penalties. 

1. Punishment « • • • . (i^) 

2. Expulsion (i^") 

VI 1 1 . Prohibitions. 

1. Adjournment. 

(a) 2}'^^ , . • . (^^) 

(b) Place , , „ o . (20) 

2. 6?/2 Members. 

(a) Offices created . , » . (^^) 

(b) Emoluments increased . • . (^^) 

IX. Official Oath (5*^) 

X. Salaries (21) 

XI. Official Privileges. 

1. /r^;w Arrest ...... (^i) 

2. Of Debate .,.,.. (^i) 

9a 



CHAPTER XI. 

LESSON XXIL — PROVISIONS COMMON TO BOTH 

HOUSES. 



The Constitution says, " Eacli House shall be the judge 
of the elections, returns, and qualifications j. Membership 
of its own members." (-'^* 

These are powers which, from the necessity of the case, 
must be vested in the House where membership is 
claimed. It is necessary to settle the legality and regu- 
larity of the election ; otherwise any person might intrude 
himself into either House without the least show of au- 
thority. Regularity and legality of election can be de- 
termined only by an inquiry into the election through the 
returns, which opens the whole subject for investigation ; 
for, in ascertaining the validity of the returns, it may be 
necessary to go back of them, and inquire into the legality 
of the election itself. 

Were it not for these powers, a person might claim 
membership to either House who was wholly ineligible. 

Even though regularly elected, he might lack any or all 
those qualifications required by the Constitution. 

The power of determining the right to membership 
belongs not only to each House of Congress by express 
constitutional provision, but like authority is conceded to 
the legislative bodies of all the States, and to kindred 
bodies under all free governments. 

One provision of the Constitution is as follows : " No 

9% 



gS CIVIL GOVERNMENT. 

person holding any office under the United States shall be 
II. ineiigibiiittj. ^ member of either House during his con- 
1. Official inctini- tinuancc in office.'* 

If a person holds any Federal office at 
the time of his election to either House of Congress, he 
must resign it before he has the right to take his seat. This 
provision originated in a deference to State jealousy, and 
fear that the General Government would obtain an undue 
influence in the national councils. If a Federal officer were 
allowed to be a member of either House, he might wield an 
undue influence over those with whom he would be asso- 
ciated in legislative deliberations. 

In the year 1861 a great civil war broke out in the United 
States, which continued more than four years. It cost the 

2. disloyalty country more than a million of lives and 
iioo). several billions of money. Most of the 

slave-holding States passed ordinances of secession, and 
organized the Confederate States ; and many of their citi- 
zens, to the number of several hundred thousand, took up 
arms against the government of the United States. Among 
these were thousands of the prominent men of the South, 
many of whom had held high offices in State and Nation. 
The conflict resulted in the downfall of the Confederacy, 
and in the triumph of the Federal Government, 

The Federal and State office-holders who were engaged 
in the secession movement had taken an oath to support 
the Constitution of the United States. By the third clause 
of the Fourteenth Article of Amendment to the Constitu- 
tion, all such persons are declared ineligible to a seat in 
either House of Congress ; though, by a further provision 
of the same clause, such disability may be removed by a 
vote of two thirds of the members of each House. 

The Constitution says, ''A majority of each House 
shall constitute a quorum to do business ; but a smallei 



PROVISIONS COMMON TO BOTH HOUSES. 97 

number may adjourn from day to day, and may be author- 
ized to compel the attendance of absent 
members, in such manner and under such Quorum (iT). 
penalties as each House may provide." 

It is indispensable that the Constitution specify the 
number necessary to do business ; otherwise a reckless and 
intriguing minority might take advantage of the absence 
of the majority, and usurp the functions of legislation by 
enacting repugnant and odious laws, or by repeaUng those 
most acceptable to the people. 

On the contrary, if a smaller number could not adjourn 
from day to day, or compel the attendance of absent 
members, the whole business of legislation might be sus- 
pended at the pleasure of a few refractory absentees. The 
necessity of these three provisions in reference to business, 
therefore, must be evident at a glance. 

The Constitution says, " Each House may determine the 
rules of its proceedings." 

Every deliberative assembly has an inherent right to 
adopt such parliamentary rules as it chooses for the trans- 
action of business, provided those rules do 
not violate any organic law from which tary Huies {IS). 
such assembly receives its authority. 

Take away this right to adopt their own rules of pro- 
ceeding, and it would be utterly impracticable to transact 
business with facility and dispatch. 

Questions. 

1. What does the Constitution say about membership in either 

House of Congress? 

2. Why is this necessary? 

3. What may be necessary to the inquiry of the legality of the 

returns ? 

4. What qualifications might a person lack, though regularly 

elected? 



98 CIVIL GOVERNMENT. 

5. To what legislative bodies is the power of determining this 

right accorded ? 

6. What are the conditions of ineligibility ? 

7. What is the language of the Constitution in regard to the con- 

ditions of ineligibility? 

8. In what did this originate ? 

9. What great event was precipitated in 1861, and how long did 

it continue ? 

10. What did it cost the country? 

11. What did the Southern States do? 

12. How did the conflict terminate? 

13. What oath had man)'- of the Federal and State office-holders 

engaged in the secession movement taken? 

14. What does the Fourteenth Article of Amendment say about 

these ? 

15. What does the Constitution say as to what shall be considered 

a quorum ? 

16. Why does the Constitution define the quorum to do busi- 

ness? 

17. What is said about parliamentary rules? 

18. What would be the result if this right concerning parlia- 

mentary rules were taken away? 



LESSON XXIII. —PROVISIONS COMMON, 

Continued. 

The Constitution says, " The yeas and nays of the mem- 
bers of either House on any question shall, at the desire of 

F. Yeas and One fifth of those present, be entered on 
Nays {19). ^j^e journal." 

The usual method of taking a vote in deliberative bodies 
is substantially this : The question being stated by the 
presiding officer, he puts it first affirmatively, " As many 
as are in favor of the proposition, say * ay '" (all the 
members in favor of it respond " ay ") ; the presiding officer 
then puts the question negatively, "Those opposed say 
*no.'" The president is generally able to decide by the 



PROVISIONS COMMON TO BOTH HOUSESo 99 

sound ; but if not, he repeats the trial, calling the vote 
both affirmatively and negatively. If still in doubt, or at 
the request of a member, the House may be divided, the 
affirmative taking one side, and the negative the other, 
when the secretary counts ; and, on the count, the de- 
cision is made. 

But in taking the yeas and nays the process is quite 
different. The presiding officer states both sides at once, 
thus : " As many as are in favor, etc., will, when their 
names are called, answer * yea ; ' and as many as are op- 
posed will, when their names are called, answer *no.*" 
The names are then called, usually in alphabetical order, 
each member rising at the call of his name by the secre- 
tary or clerk, and answering " yea " or " nay," as he votes j 
the clerk noting the vote in each case. He then usually 
reads over the list of names and the votes in each case, so 
that, if any mistakes have been made, they may be cor- 
rected. 

Several objects are secured by taking the yeas and 
nays : — 

I St, They are entered on the journal, which shows, 
therefore, the way each member votes. The record is 
kept for future inspection. 

2d, The record also shows who were absent, • — a matter 
of scarcely less importance to the member, or his constit- 
uency^ than the vote itself one way or the other. Mem- 
bers sometimes absent themselves for the purpose of 
avoiding responsibility in voting. 

3d, As the newspapers publish a list of the yeas and 
nays, the people soon learn how each member has voted 
on any important question 

The Constitution says that each House shall keep a jour- 
nal of its proceedings. This provision imposes a salutary 
restraint upon the members of the two Houses. In a 



lOO CIVIL GOVERNMENT. 

certain sense, it brings representative and constituent face 

VI. Journal, to face. The journal contains a lasting 

i. Keeping {19). record of the doings of the body for which 

it is kept, and is accessible for inspection at all proper 

times. 

The Constitution requires that from time to time the 

journal shall be published excepting such parts as are 

proper to suppress, of which each House 

2.JPublishing{19).^ f . , 

IS the judge. 

There may be proceedings in every legislative body, 
especially in times of insurrection or invasion, the imme- 
diate publication of which would be imprudent in the 
highest degree. The publication of such from day to 
day might give great advantage to a public enemy, and 
endanger the very existence of the government itself. 

The Constitution says that " each House may punish its 
members for disorderly behavior, and, with the concurrence 
rii. Penalties, ^f two thirds, cxpcl a member." 

1. Punishment The powcr to punish members for dis- 
(^«)- orderly behavior is usually given to legis- 

lative bodies. Without this power, it might be impossible, 
at times, to transact business. Under high excitement, mem- 
bers are sometimes boisterous and tumultuous in conduct ; 
and they might persist in disturbing the assembly, but for 
this power to punish. Rules would be of no use without 
the power to enforce them. 

The power to expel a member is given for the same 

purpose ; that is, for the preservation of order, and for the 

maintenance of proper decorum. Without 

» mspulsion (18). ^ ^ ^ .. . „ 

these powers, the country would lose all 
respect for its legislative assembly. But lest party-spirit 
might overstep the limits of propriety, and a domineering 
majority expel members of opposite political sentiments 
from improper motives, a salutary restraint is imposed, re- 



PROVISIONS COMMON TO BOTH HOUSES. lOI 

quiring a vote of two tiiirds for the expulsion of a member. 
So large a majority it would be difficult to secure in any 
case where the rights of the assembly had not been grossly 
outraged. 

A member may be expelled, not only for misbehavior in 
the presence of the assembly itself, but for any conduct 
elsewhere incompatible with his obligations as a legislator. 

Questions. 

19. What does the Constitution say about yeas and nays ? 

20. What is the usual method of taking votes ? 

21. How by yeas and nays ? 

22. What objects are secured by this method ? 

23. What does the Constitution say about keeping a journal? 

24. What is the use of this provision ? 

25. What about publishing the journal ? 

26. Why not publish the whole journal ? 

27. What does the Constitution say about penalties? 

28. What is the use of this power? 

29. For what is the power of expulsion given ? 

30. Why is so large a vote required to expel a member ? 

31. For what may a member be expelled? 



LESSON XXIV. — PROVISIONS COMMON, 

Continued. 

The Constitution says, " Neither House, during the ses- 
sion of Congress, shall, without the consent of the other, 
adjourn for more than three days, nor to viii. Prohiu- 
any other place than that in which the two Uons. 

Houses shall be sitting. " ^' ^adjournment. 

If there were no limitation as to the time for which either 
House, during the session of Congress, 

. , ,. . , , ^ ' ('*) Time {20). 

might adjourn without the consent of the 

other, a factious party-spirit controlling in either House 



I02 CIVIL GOVERNMENT. 

might seriously interrupt legislatiouj or bring it to an un- 
timely close. 

Were there no restriction with regard to the place to 

which either House might adjourn without the consent of 

the other, mischief equally disastrous and 

(b) Place {20). , '„ o , , , ^ 

embarrassmg might be perpetrated. One 
House might compel the other to follow it from place to 
place for the very purpose of preventing legislation. This 
might be done by a minority taking advantage of the ab- 
sence of a majority, as a minority has power to adjourn. 

The duration of the sessions of Congress depends, — 

1st, On the constitutional limitation, which cannot extend 
beyond the period of two years. 

2d, On the pleasure of the two Houses, subject to the 
foregoing restriction. 

3d, On the pleasure of the President of (he United 
States, when the two Houses cannot agree on the time of 
adjournment. 

The Constitution says, " No senator or representative 
shall, during the time for which he was elected, be appointed 

2. Members. to any civil ofBcc under the authority of 
(a) Offices ere- ^^^ United States which shall have been 

ated {22). 

(6) JEmoiuments Created, or the emoluments whereof shall 
increased {22). have been increased, during such time." 
If a member of Congress were permitted to assist in 
creating an office, and then to resign his seat for the pur- 
pose of obtaining that office on being nominated to it by 
the President, it would throw wide open the doors to execu- 
tive corruption. Numerous lucrative offices might thus be 
created by legislation, with the understanding, express or 
implied, between the legislators and the Executive, that the 
offices so created should be distributed among those who 
were instrumental in creating them. 

The chairman of the Judiciary Committee might pro- 



PROVISIONS COMMON TO BOTH HOUSES. 103 

pose, to the House of which he was a member, the creation 
of a United States judgeship in California, with a salary of 
ten thousand dollars a year; and, through his official 
influence, the bill might pass both Houses of Congress. 
By pre-arrangement with the Executive, that office might 
be secured to the very man who had been the chief means 
of creating it, were he at liberty to resign his seat and 
take it. 

Also, by a system of *' bargaining and selling," the 
salaries of certain offices might be greatly increased by 
mercenary legislation ; and then those salaries might be 
bestowed on the very men who had been active in aug- 
menting them, but for the restrictions under consider- 
ation. 

Senators and representatives shall be bound by oath or 
affirmation to support the Constitution of ix. official Oath 
the United States. (*^)- 

This oath is administered to the members, before taking 
their seats, by the President of the Senate, or Speaker of 
the House of Representatives. He who takes it appeals 
to the Supreme Being for the rectitude of his intentions. 
Such an oath is calculated to make a deep and solemn 
impression on the mind of any candid and conscientious 
man. 

It seems fit and proper, therefore, that all who assume 
the important trust of legislation for their country should 
take upon themselves this solemn obligation. They as- 
sume grave responsibilities, the faithful discharge of which 
concerns the welfare of the whole people of the United 
States. 

Some persons are conscientiously opposed to taking an 
oath on any occasion whatever. Out of respect to the 
scruples of such persons, a solemn affirmation is adminis- 
tered instead of an oath. 



IQ4 CIVIL GOVERNMENT. 



Questions. 

32. What does the Constitution say about adjournments f 

33. Why this limitation ? 

34. Wliy the limitation as to place ? 

35. On what does the duration of Congress depend ? 

36. What are the constitutional prohibitions on members? 

37. How might members profit but for this prohibition? 

38. What is the official oath? 

39. Why should this oath be taken? 

40. Who may be excused from taking it? 



LESSON XXV. — PROVISIONS COMMON, Continued. 

The language of the Constitution on the subject of 
salaries is, " The senators and representatives shall re- 
ceive a compensation for their services, 

X. Salaries {21). 1 . 1 

to be ascertained by law, and paid out of 
the treasury of the United States." 

The salaries of the representatives are the same as the 
salaries of the senators. At first, in 1789, they were fixed 
at six dollars a day, and six dollars for every twenty miles' 
travel in going to and returning from the seat of govern- 
ment. This compensation has been increased from time 
to time by various acts of Congress. The salary of a 
member of either House at the present time is seven thou- 
sand five hundred dollars per year. That of the speaker 
of the House is twelve thousand dollars ; of the president of 
the Senate, the same. 

The Constitution says that the compensation is to be 
ascertained by law ; which is by no means a very difficult 
matter, as the members make the law to suit themselves. 
As to the amount, there is no constitutional restraint or 
limit. The want of some provision of limitation was not 



PROVISIONS COMMON TO BOTH HOUSES. 1 05 

entirely overlooked by the authors of the Constitution. 
They thought it improbable, however, that such an author- 
ity placed in such hands would be abused ; but, right or 
wrong, much complaint has been uttered on the subject. 

The members of the British Parliament received ho com- 
pensation Vv^hatever until 191 1, when pay was provided for 
members of the House of Commons. 

Many of the members of the convention that formed 
the Constitution were opposed to allowing salaries to sen- 
ators and representatives. It was proposed to consider 
the honor of the position a sufficient reward, believing 
that this would secure the services of men of higher char- 
acter and more distinguished ability. 

But the majority of the convention were in favor of 
salaries, and this view prevailed. It was thought best 
that the salaries of members should be paid from the 
United States Treasury, as that would be more likely to 
secure promptness of payment, and consequently prompt- 
ness of attendance. Under the Confederation, the mem- 
bers were paid by their respective States. The pay was 
often slow, and the attendance tardy and reluctant. 

The Constitution says, "They shall, in all cases except 
treason, felony, and breach of the peace, be privileged from 
arrest during their attendance at the ses- xi. official Priv- 
sion of their respective Houses, and in Ueges. 

going to and returning from the same ; and for any speech 
or debate in either House they shall not be questioned 
in any other place." ' 

This is a privilege accorded to members of all legis- 
lative bodies. But for it the House of Representatives 
might suffer great inconvenience in the j pfom Arrest 
transaction of business, and the congres- (^^)- 

sional district, or the State, might be for a time without 
representation. 



Io6 CIVIL GOVERNMENT. 

Prominent members of important committees, or even 
the speaker of the House of Representatives, might be 
detained from the performance of legislative duties at the 
instance of private creditors ; and thus private interests 
would be allowed to interfere with the performance of pub- 
lic duties. 

They can be arrested for crime only. An eminent 
English jurist says that it has immemorially constituted 
a privilege of both Houses of the British Parliament. It 
is also necessary in order to sustain the personal independ- 
ence of the members. 

For the purpose of- securing entire freedom of discussion, 

no member of either House can legally be questioned 

elsewhere for anvthins^ which he may see 

2. Of Debate {21). _ .,,.,., 

fit to Utter m debate m his place as a 
member; that is, he cannot legally be called to account 
before the courts, no matter how much he may slander pri- 
vate character. This provision is for the purpose of se- 
curing entire and unlimited freedom of discussion. 

Of course, this is a right which may be, and sometimes 
is, abused ; but the public interests may require the most 
critical and searching examinations into personal and 
official qualifications of individuals proposed as candidates 
for public stations of grave responsibility. Members 
should be allowed to perform these duties without fear of 
future personal retribution. 

Questions. 

41. What does the Constitution say about salaries? 

42. How does the salary of a representative compare with that of 

a senator ? 

43. What was the salary of a member in 1789? 

44. What is the salary now? 

45. What are the salaries of the presiding officers? 



PROVISIONS COMMON TO BOTH HOUSES. 1 07 

46. Who fixes the amount of salaries ? 

47. Is there any provision in the Constitution as to the limit of 

the amount ? 

48. What is said about the salaries of members of the British 

Parliament ? 

49. What was the opinion of many of the members of the Consti- 

tutional Convention regarding salaries of senators and 
representatives ? 

50. Why should the salary be paid out of the treasury of the 

United States? 

51. By whom was it paid under the Confederation ? 

52. Why should members be privileged from arrest? 

53. For what may they be arrested ? 

54. What is the second privilege? 

55. Why is this? 



Short. Civ. Gov.— 



BLACKBOARD EXERCISE, 



I. 



2. 



11. 



III. 



Powers of Congress. 

I. Fijiances. 

Resources. 

(a) Taxes ^ Duties, Imposts, Excises 

(b) Borrow Moiiey . 

(c) Te7'ritory 

(d) Other Property . 
Disbursements. 

(a) United States Debts . 

(b) Common Defense , 

(c) General Welfare 
Commerce. 

1 . Foreign JVations . 

2. Several States 

3. Indian Tribes 
Commercial. 

1. Coinage of Money 

2. Value of Coin. 
a) Domestic . 
"b) Foreign . 

3. Weights and Measures 

4. Bankruptcy . 
IV. Penalties. 

1. Counterfeiting. 

(a^ United States Securities 
(b) United States Coin 

2. Crimes on High Seas 

3. International Off^enses . 

4. Treason . 
V. T'^^/^/. 

1. P<?J-/ Q^^^i" . 

2 . /'(^^J"/ Roads 
VI. Patent and Copy Rights . 

VII. ^^r. 

1. Declaration . 

2 . Marque and Reprisal 

3. Captures 

4. Armies , . • 

108 



(7^) 
(7P) 



(74 



(36) 

(36) 
{37) 



BLACKBOARD EXERCISE. 



109 



5. Navy ..... 

6. Rules. — Land and Naval Forces 

7. Militia. 

(a) General Control, 
ist, Organizing 
2d, Arming . 
2,d, Disciplining 
^th. Governing 

(b) Calling Fo7'th. 

1st, Laws of the Union . 
2d, Lnsurrections 
7^d, Lnvasions 
VII L Judiciary. 

1. Lnferior Tribunals . 

2. I^lace of Trial 

3. Restrictions . 
IX. Naturalization . 

X. Territory. 
I. 



XL 



2. 

3- 
4- 

5- 



I. 



2. 



XII, 

XIIL 

XIV. 

XV. 



XVI. 
XVII. 



Government 
Seat of Government 
Public Works 
Alienation 
New States 
States. 

Elections. 

(a) Members of Congress . 

(b) Presidential Electors 
State Records. 

(a) Method of Proving 

(b) Effect of Proof . 
3. Imposts and Duties 

Executive Vacancy . 
Appoint7nents 

Constitutional Amendments 
Slavery. 

1. Slave Trade 

2. Abolition 
General Lawmaking 
Meeting. 

1. Frequency . 

2. Time. 

(a) By the Constitution 

(b) By Law . , 



(5S) 
(39) 



w 
(il) 

im 
m 

m 

\n) 

{10) 
{29] 

{19) 

{19) 
(18) 



.\s\ 

. (U) 
(74) 

• (53) 
{60) 

■ {<^4) 
{SI) 

iU) 

• (97) 
(•^) 

(16) 

{16) 
. (iS) 



CHAPTER XII. 

LESSON XXVI. — POWERS OF CONGRESS. 



The word "finances," as here used, signifies the re- 
sources and disbursements of the country. 

1. Finances. 

The resources of a country are the pe- 
cuniary means which it has at its command. 

By our Constitution the resources con- 

1. Resources. 

sist m part of the power to lay and collect 
taxes, duties, imposts, and excises. 

A tax is a sum of money levied on the property or 
inhabitants of a country for the support of the govern- 
ed) Ta^es, males, "^^"^' ^hc powcr to lay and collect taxes 
Imposts, Excises bclongs to cvcry human government, with- 
out which the expenses thereof could not 
be defrayed. This is one of the means which it has of 
enabling it to perform its obligations to the country. No 
government could sustain itself without regular and relia- 
ble resources. 

Direct taxes are the kind here referred to. They are to 
be apportioned among the several States in the same 
manner as representatives ; that is, in proportion to the 
representative population. Taxes are of two kinds, — 
direct and indirect. Direct taxes are such as are laid on 
the property of the country or on persons, the latter being 
called a capitation tax. Indirect taxes are such as are 

110 



POWERS OF CONGRESS. Ill 

levied on articles of consumption, of which no person pays, 
except in proportion to the quantity or number of such 
articles which he may consume. 

Duties, imposts, and excises are also of the nature of 
indirect taxes. These must be uniform throughout the 
United States ; that is, the same in all States. 

The word " duties '^ refers to a kind of taxes levied on 
goods and merchandise imported or exported. In our 
country, an export duty is not permitted to be levied. 
The Constitution forbids it. 

The imposts, under our government, are equivalent to 
customs, referring strictly to the duties on imports from 
foreign countries. 

The word " excises " is applied more particularly to 
internal taxation, being levied on articles manufactured 
and consumed in the country, and also on various kinds 
of business. The money paid for licenses to sell liquorSc 
or to deal in any other commodities, is called excises, or 
excise taxes. 

Duties on imports are of two kinds, — specific and ad 
valorem^ — and are collected at the customhouse, A 
specific duty is a certain sum of money charged according 
to quantity or weight, without any reference to the value of 
the articles weighed or measured ; as a dollar on a yard of 
silk, or ten cents on a pound of tea. 

" Ad valorem " is a word or phrase that signifies " ac- 
cording to the value of." Ad-valorem duties are levied on 
articles according to their value ; as twenty-five per cent 
on the cost of cloth, and ten per cent on the cost of tea. 

Duties are collectible at the customhouse where the 
goods are landed for consumption. Goods are estimated 
at their value where they are purchased, not where deliv- 
ered. This is shown by the invoice, unless there is 
evidence of fraud in the bill ', in which case, the proper 



13r2 CIVIL GOVERNMENT. 

officers investigate the matter, and decide according to 
the proof. 

If fraud is proved, the goods are forfeited to the use of 
the United States, and the perpetrator of the fraud may be 
punished for it as well as for the perjury. 

The power to borrow money on the credit of the United 
States is classed among the government resources. It has 
(6) Borrow Money often been fouud to be of great importance 
i^T)- in sustaining the financial interests of the 

country. No country can sustain itself through a long and 
expensive war, simply on its ordinary income. All the 
great powers of the world have found it necessary, at one 
time or another, to borrow money. 

In our wars with Great Britain and with Mexico, we 
found it necessary to borrow in large sums; but in our 
more recent domestic war we were compelled to run up 
our national debt to nearly three thousand millions, thus 
anticipating the government income for a quarter or half 
a century. 

Questions. 

1. What does the word "^finances" mean ? 

2. Of what do the resources of this country consist ? 

3. What is a tax ? 

4. Why are taxes collected ? 

5. How many and of what kinds are taxes? 

6. What are duties, imposts, and excises? 

7. Of what kinds are duties, and where collected? 

8. What is the result of fraudulent invoices? 

9. Why has it been necessary for the United States to borrow 

money ? 



POWERS OF CONGRESS. II3 



LESSON XXVIL — POWERS OF CONGRESS, 

Continued. 

The right of ownership always implies the right of trans- 
fer. The right to dispose of the territory of the United 
States is to be understood here in a re- 

(c) Terrxtory {79). 

stricted sense. The United States does 
not own a State in fee simple, or in any sense implying an 
interest in its soil. The government has no authority 
whatever to sell a State to any foreign power. 

The power of Congress herein referred to is limited 
to, — 

ist, Unorganized and unoccupied tracts or territories. 

2d, Public lands in parcels to settlers, or to individuals 
desiring to purchase. 

3d, Disposing of them in any other way for the promo- 
tion of the general welfare, 

4th, Ceding to States unoccupied lands lying within their 
boundaries, for literary or school purposes. 

5th, Re-ceding to States, for instance, from which they 
have been obtained, any lands, when the purposes for which 
they were obtained no longer exist. 

This power to dispose of the territory of the United 
States implies the power to sell the lands, or to give them 
away for the public good. Many of the Western States 
have received grants of large tracts of lands within their 
borders by act of Congress. In selling lands to individual 
purchasers, the government has received many millions 
into its treasury, so that the disposition of the territory be- 
longing to the United States may be regarded as one of 
the national resources. 

Congress is invested with power to dispose of other prop- 
erty of the United States. This doubtless includes every 



114 CIVIL GOVERNMENT. 

species of personal property. In time of war, especially, 
a vast amount of personal property accumulates in the 
id) Other rroperty hands of government, such as ships, horses, 
i'^^y wagons, guns, clothing for soldiers, etc., 

which become useless in time of peace, and may be dis- 
posed of to the advantage of the public treasury. 

The disbursements of a government are the sums of 

money paid out by it. Congress is authorized to make 

appropriations for the following pur- 

2. Disbursements, 

poses : — 

The only purposes for which the burden of taxes, duties, 

imposts, and excises can be imposed are to pay the debts and 

(a) United States provide for the commou defense and general 

Dehts (26). welfare of the United States. The power 

of raising money through these means is for these definite 

and stipulated purposes. 

Everything necessary for the welfare of the country is 
included in these powers of collecting money and disburs- 
ing it. The want of this, it will be remembered, was 
a serious defect under the Confederation. Before the 
adoption of the present Constitution^ the government was 
utterly powerless to maintain its credit at home or abroad. 

To provide for the common defense is one of the objects 
for which the various kinds of taxes may be imposed. A 
(&) Common De~ nation without the ability to protect itself 
fense{26). from foreign invasion or domestic insur- 
rection is destitute of one of the attributes of sovereignty 
essential to its independence. The army and navy are the 
organizations through which a nation demonstrates its 
strength in time of war. To support these on a scale com- 
mensurate with the wants of the United States necessarily 
requires the expenditure of immense sums of money. They 
will be further noticed in considering the war power of Con- 
gress. 



POWERS OF CONGRESS. II 5 

To provide for the welfare of its citizens is the first duty 
of every government. Unable to do this, it will soon fail to 
command the respect, homage, and loyalty (c) General Wei- 
of its subjects ; and no government, espe- fare (26). 
cially republican in form, can long exist without the regard 
and affection of the people. 

If there is a single sentence or clause in the Constitu- 
tion more comprehensive of its purposes than any other, it 
is this one requiring Congress to make provision for the 
general welfare. Indeed, this is the one great object of 
its origin. 

Questions. 

ID. In what sense is the right to dispose of territory to be under- 
stood ? 
iio What does the power here imply? 

12. What was the country's credit under the Confederation? 

13. What other object for imposing taxes? 

14. What is the first duty of every government ? 



LESSON XXVIII. — POWERS OF CONGRESS, 

Continued. 

Under the Confederation, Congress did not possess the 
power to regulate commerce. It belonged entirely to the 
several States j and each acted according jj^ commerce. 
to the dictates of its own interests. This i. Foreign No- 

, . 1 r tions {28). 

produced angry disputes and rivalry be- 
tween them, from which not only the several States, but 
the General Government, greatly suffered. 

The authors of the Constitution, therefore, had no hesi- 
tation in conferring this power upon Congress. The 
vexations and bitter experiences of the past induced the 
country at large to readily accept this provision. 



IIO CIVIL GOVERNMENT. 

The disastrous troubles of the past had rendered it 
evident that the power to regulate foreign commerce and 

2. Several states interstate commerce ought to be in the 

{28). same hands. Indeed, they could not safely 

be separated. The power to regulate foreign commerce, 
if vested in Congress, it was believed might be so exercised 
as to compel foreign nations to meet us on terms of reci- 
procity. 

But if the States were to be allowed to restrict each 
other, to cultivate rivalry of interests, and to foster the 
jealousies of the past, commerce must languish, and the 
whole country must suifen 

If goods landed or manufactured in New York or 
Massachusetts could not be sold and conveyed into Penn- 
sylvania or Connecticut without being burdened with State 
restrictions, not only would feuds be cultivated among the 
States, but foreign commerce would be seriously embar- 
rassed, if not wholly destroyed ; and this would strike a 
fatal blow at our national revenue. 

Under the Confederation, Congress had but a limited 
power over commerce with the Indian tribes. They had 

3. Indian Tribes nouc, cxccpt with thosc tribes locatcd out- 

(^*)- side the limits of the State. Within a 

State the State itself had the authority. Each State adopted 
its own policy with this people : consequently there was no 
uniformity of traffic with the Indians ; and, this creating 
dissatisfaction among the tribes, frequent aggressions and 
depredations were the result. 

That this power should be vested in Congress was indis- 
pensable, for three reasons : — 

ist, Experience had proved that it was extremely hazard- 
ous to leave it with the States, 

2d, Congress could much more easily command the 
confidence of the tribes than any State Legislatures. 



POWERS OF CONGRESS. II7 

3d, It was necessary for the preservation of the rights, 
and for the defense of the territory of the Indians them- 
selves. 

Questions. 

iSo With whom has Congress the power to regulate commerce? 
i6„ Why was this power given to Congress ? 

17. What objections to State restrictions? 

18. Why is it necessary that Congress should regulate commerce 

with the Indians ? 



LESSON XXIX— POWERS OF CONGRESS, 

Continued. 

The power of Congress to coin money is one of the 
ordinary prerogatives of sovereignty. It is exercised for 
the purpose of securing a proper circula- ^^^ commercial. 
tion of genuine instead of base coin in 1. Coinage of 
commercial transactions. In order to in= oney. 

sure its purity and uniformity of value, the coining of 
money is placed exclusively under the supervision of the 
Federal Government. Money is the common standard by 
which the value of all articles of merchandise and real 
estate is measured or determined. Were it left to the 
States to coin money, there would be no uniformity in the 
standard of value j depending, as it would, on State lines 
and boundaries. 

The advantages arising from placing this power exclu- 
sively in the hands of Congress are, — 

I St, The facilitation of exchanges at home and abroad. 

2d, The encouragement and stimulus which it imparts 
to commerce. 

3d, The barrier which it erects against embarrassments 
arising from undue and forced scarcity. 



Il8 CIVIL GOVERNMENT^ 

4thj The uniformity of value which it insures, as it in- 
sures uniformity of alloy. 

The power to regulate the value of domestic coin is ex- 
pressly conferred on Congress by the Constitution, This 
2. Value of Coin> especially for the purpose of securing 
(a) Domestic Coin entire Uniformity of value, in order that it 
^^^^' may pass from hand to hand in business 

transactions, obviating the necessity of a test being applied 
to each piece of money in each commercial transaction. 
Every piece of money is stamped in such a manner as to 
indicate its precise value. 

When at first metals were used as media of exchange, 
especially in ancient Britain, it was necessary to weigh 
such as were used, in every business transaction. It was 
also necessary to subject them to tests that would deter- 
mine their purity. 

They were not formed in the similitude ot the beautiful 
coins of modern times. 

The power of regulating the value of foreign coin is also 

given to CongresSo If it were not for this power to 

(6) Foreign Coin regulate the value of foreign coin, it would 

(30). |3g YQj-y difficult to regulate the value of 

domestic coinc 

Different States might attach different values to the 
same piece of foreign coin. Massachusetts might call a 
piece of English money, known as a sovereign, five dollars ; 
and New York, four dollars. A citizen of Massachusetts 
owing a citizen of New York five thousand dollars, to be 
paid in Boston, could compel the latter to accept a thousand 
sovereigns in payment; on which the citizen of New York 
would lose a thousand dollars if he used the money at 
home. Thus foreign coin would become an article of 
commerce, the same as any other commodity. 

Congress hn,s the express power to fix the standard of 



POWERS OF CONGRESS. . II9 

weights and measures; but as yet it has not b«?en fully 
exercised by this body. s. weights and 

Until Congress fixes a standard, the Measures (so). 
understanding seems to be that the States possess the 
power to fix their own weights and measures. 

The national government, however, has made possible 
the attainment of uniformity in weights and the most com- 
mon measures, by supplying a set of uniform standards 
to all the States. Congress has also made it lawful to use 
the metric system of weights and measures, and has de- 
fined them in terms of the English weights and measures. 

The power to pass or establish uniform laws on the sub- 
ject of bankruptcies is classed here as among the commer- 
cial interests of the government. A law 4, nanUruptcy 
of this character is regarded as indispensa- (^^)- 

ble to the commercial interests of the country. 

A bankrupt is one who owes more than he can pay. 
Especially is he to be regarded as such when the question 
of his inability to pay his debts has been judicially ascer- 
tained. No State has a right to pass a bankrupt law, or 
any other law impairing the obligation of contracts. 

The objects of a bankrupt law are twofold : — 

I St, To enable creditors to secure an appropriation of all 
the property of a debtor who fails to pay his debts ; allow- 
ing the courts, in such cases, to give the debtor a complete 
discharge from all indebtedness. 

2d, To relieve unfortunate debtors from their debts, 
and from liability to imprisonment, on their own applica- 
tion, and surrender of all their property. 

A bankrupt law must not be confounded with an in- 
solvent law. An insolvent law simply relieves from a 
liability to imprisonment for debt, on the surrender of the 
debtor's property to the creditors : it does not discharge the 
indebtedness itself. In such cases, the future property of 



I20 CIVIL GOVERNMENT. 

the debtor may be seized for his debts, and appropriated to 
their payment. On the contrary, a discharge under a 
bankrupt law annihilates the debts themselves, and the 
creditors have no further claims. 

Questions. 

19. Why should the coinage of money be placed in the hands of the 

government ? 

20. What is money? 

21. Why not leave coinage to the States? 

22. Why should it be placed in the hands of Congress? 

23. Why should government determine the value of money? 

24. What was necessary when metals were first used ? 

25. Why was it necessary that. Congress should regulate the value 

of foreign coin ? 

26. What is said about the standard of weights and measures? 

27. What is a bankrupt ? 

28. What is the object of bankrupt laws, and how do they differ 

from insolvent laws ? 



LESSON XXX. — POWERS OF CONGRESS, 

Continued. 

Counterfeiting consists in making imitations of coin, bank- 
bills, or other securities, approaching so near to a likeness 
JF„ Penalties, of the Originals as to deceive a person of 
1. Counterfeiting, ^^^ Ordinary experience. 

The power to punish, or to prescribe the punishment as 
it is here to be understood, for counterfeiting the securities 
(a) TTnited States and Current coin of the United States, is a 
Securities {31). necessity growing out of the power of Con- 
gress to coin money and to regulate its value. 

We have seen that Congress has the sole power to coin 
money. It consists chiefly of gold and silver, and is struck 
(6) United States at the mint in denominations adapted to 
Coin {31). ^Y^Q useg Qf commerce. 



POWERS OF CONGRESS. 121 

Without the power to attach severe penalties to the 
crime of counterfeiting, the securities and coin of the 
United States would soon become comparatively worth- 
less ; the country would be filled with spurious bills, bonds, 
and coin ; and it would not be long before money would 
cease to be a medium of exchange among the masses, 
who are unskilled in detecting the counterfeit from the 
genuine. 

Congress is vested with power to define and punish pira- 
cies and felonies when committed on the high seas. In 
pursuance of this authority Congress has „ ^ , 

^ ■' '^ 3. Crtmes on M%gh 

passed several acts on the subject. For seas. 

instance, in 1820 the foreis^n slave trade ^"^ Piracies {35). 

' . • 1 ?i . 1 , (^) Felonies (35). 

was made piracy, punishable by death. 
From the foundation of our government, until 1808, the 
foreign slave trade was lawful commerce. Congress has the 
power to enlarge or contract the definition of " piracy " from 
its common-law meaning. Sir William Blackstone defines 
"piracy" at common law to consist in committing those 
acts of robbery and depredation on the high seas, which, if 
committed on land, would amount to felony. 

"Felony" is another word of common-law definition. 
The author last quoted defines it to be every species of 
crime which at common law occasioned the forfeiture of the 
lands and goods of the criminal ; and this happens most 
frequently in those crimes for which a capital punishment is 
or was inflicted. 

Therefore " felony " is a word of generic import, and 
includes many crimes, such as murder, larceny, arson, 
burglary, etc. The Constitution authorizes Congress to 
change this common-law definition of "felony" in cases 
where it may be necessary to do so. When committed on 
the high seas, it could not properly be left with the States 
to define it, as the jurisdiction of offenses not committed 



122 CIVIL GOVERNMENT. 

within State limits must necessarily be restricted to the 
Federal courts. 

The high seas embrace not only the waters of the ocean 
which are out of sight of land, but also the waters on the 
sea coast below low-water mark, whether within the terri- 
torial boundaries of a nation or within those of a domestic 
State. 

The Constitution says that Congress shall have the 

power to declare the punishment of treason. This crime 

consists in levyins: war against the United 

3. Treason {73). ^ . ,, . , . 

States, or in adhermg to their enemies, 
giving them aid and comfort. In 1790 Congress affixed 
to this crime the penalty of death. In 1862 Congress 
passed another act, punishing treason with death, or im- 
prisonment for not less than five years, and a fine of ten 
thousand dollars, and the slaves of the party convicted 
to be free. This act was passed before the abolition of 
slavery in the United States. 

Questions. 

29. What is counterfeiting ? 

30. Why is punishment for counterfeiting the securities and cur- 

renit coin of the United States necessary ? 

31. What is the power of Congress over piracies and felonies com- 

mitted on the high seas ? 

32. What is piracy at common law, and what power has Congress 

with reference to defining the same ? 

33. How is "felony" defined, and what is said in regard to 

changing this definition when necessary? 

34. What are the high seas? 

35. What is treason? 

36. What penalty has Congress attached to this crime? 



POWERS OF CONGRESS. 123 



LESSON XXXI.— POWERS OF CONGRESS, 

Continued, 

The power to establish post offices and post roads is 
given to Congress by the Constitution. Nothing like a 
uniform postal system could have been y. vostai. 
established and carried on had the matter ^- ^^** Offices {32). 
been left to the several States. There would have been 
as many different postal systems as there are States. 

Under such a system, or rather such a want of system, 
the burdens must be unequal. It is far more expensive to 
transport the mails in some parts of the country, mile for 
mile, than in others. Yet it is in a high degree important 
to the whole country that the forest and the prairie be 
subjected to the hand of cultivation. And who will 
become pioneer, if he must be shut out from all communi- 
cation with that world which he has left behind ? 

The general superintendence and direction of the Post 
Office Department is under the care of the postmaster- 
general. He has the estabhshing of post offices^ appoints 
most of the postmasters, and has the letting of the con- 
tracts for carrying the mails. 

Some of the postmasters in the larger offices are 
appointed by the President, by and with the advice and 
consent of the Senate. Formerly postage was at much 
higher rates than now. From the beginning of the postal 
system in this country, down to 1845, the rates of postage 
on a letter weighing half an ounce, or less, ranged from six 
to twenty-five cents, depending on the distance it was 
carried. For each additional half ounce or less, an addi- 
tional postage was charged. 

From 1845 to ^^5^ ^^^ rates of postage were five cents 
for half an ounce or less, if carried less than three hun- 

Short. Civ. Gov.— 9 



124 CIVIL GOVERNMENT. 

dred miles, and ten cents if conveyed over three hundred 
miles. In 185 1 the uniform rate of. postage on letters 
not exceeding half an ounce was fixed at three cents, if 
not conveyed over three thousand miles and wholly within 
the United States. In 1870 the three-cent rate was ex- 
tended to include all points within the United States, the 
limit of three thousand miles being removed ; and in 1883 
this rate was further reduced to two cents; while in 1885 
the weight covered by this low rate was increased to one 
ounce. 

For letters sent to foreign countries, various rates have 
been established (higher than these), the rates depending 
on the countries to which the letters are sent. 

In 1790 there were but seventy-five post offices in the 
United States. In 1900 there were upwards of 75,000. 
The aggregate number of miles traveled in carrying the 
mail, in 1790, was 7,365; in 1900, about 450,000,000. 

It is encouraging to know, that, under the cheap postage 
plan with which the American people are now favored, the 
Post Office Department is nearly self-sustaining. 

A post road is a road established as such by authority of 
law, over which the government mails are 

a. PostItoads{32). ' . 

to be regularly carried. 

It has not been necessary, except in a few instances, 
that Congress should exercise their power to establish 
post roads. Generally the roads already opened by the 
inhabitants of the country through which the mails are 
conveyed have been found sufficient. They are regularly 
selected, and declared, however, to be post roads, before 
being used as such. The waters on our rivers and lakes, 
over which travel is public and regular, are, in many in- 
stances, established as post roads in this way. 

The mails are carried by private individuals, or by rail- 
road or steamboat companies, the contract being made 



POWERS OF CONGRESS. 1 25 

with the postmaster-general in behalf of the United States. 
He advertises for bidders, and lets the contract in each 
case to the lowest responsible bidder. Those who are in 
immediate charge of the mails are sworn to the faithful 
discharge of their duties. 

The Congress shall have power, the Constitution says, 

*^To promote the progress of science and useful arts, 
by securing for limited times, to authors y^^.^^^^,^^^ 
and inventors, the exclusive right to their copy night {33). 
respective writings and discoveries." 

Under the Confederation, the power did not belong to 
Congress to make provisions for patent and copy rights. 
From the very nature and character of the interest, these 
rights could not be protected by the several States to 
authors and inventors; for State legislation could not 
afford the necessary protection to authors, as their legis- 
lation could only cover their own respective territorial 
boundaries. 

A copyright may be secured to authors for books, maps, 
charts, musical compositions, cuts and engravings, or for 
any other literary and scientific productions. The copy- 
right extends for twenty-eight years ; and if, at the end of 
that time, the author is still living, he may obtain its exten- 
sion for twenty-eight years longer; or, if dead, his hving 
representatives may obtain its extension; making, in all, 
fifty-six years. 

The expense of securing a copyright is but a trifle, — 
only about a dollar. When procured, it insures to the 
author during its continuance a monopoly of the publica- 
tion and sale of his work. 

Any one desiring to secure a copyright should write to 
the librarian of Congress for a circular of instructions ; 
and he will receive one, without charge, by early mail. 
Fatents are issued by the Patent Office at Washington, 



1 2b CIVIL GOVERNMENT. 

giving the inventor of any new and useful machine, instru- 
ment, manufacture, or composition of matter, or any new 
and useful improvement of them, the monopoly in their 
manufacture and sale for the term of seventeen years. 

This patent right is secured to the inventor by the issue 
of what are called letters patent. To obtain letters patent, 
the applicant must make a distinct specification, giving a 
full and complete description of his invention ; and in 
cjases admitting of drawings, these must be made, and all 
deposited with the commissioner of patents. Sometimes 
a model also is required. The Patent Office belongs to the 
Department of the Interior. 

Letters patent cost the patentee thirty-five dollars, 
fifteen of which must accompany the application. The 
further sum of twenty dollars must be paid on their issue. 
The fifteen dollars that accompany the application will not 
be refunded should letters patent be refused, but will 
be retained to pay for making search through the Patent 
Office to ascertain whether there is not some conflicting 
patent already in existence. 

Circulars may be obtained, without charge,, giving full 
information on this subject, by addressing the Patent 
Office, requesting them to be forwarded by mail. 

Questions. 

37. Why should not the postal system be committed to the States? 

38. Why should it be committed to Congress? 

39. Under whose immediate care is the Post Office Department? 

40. How are postmasters appointed? 

41. What were former rates of postage? 

42. What changes have taken place in them? 

43. How many post offices in the United States ? 

44. What is a post road ? 

45. How are the roads established? 

46. By whom are the mails carried, and how are the contracts let ? 



POWERS OF CONGRESS. I27 

47. What does the Constitution say about patent and copy rights! 

48. Why might not this subject be left with the several States? 

49. How long does a copyright continue? 

50. What is the expense of obtaining it ? 

51. What is a patent right? 

52. What are the steps necessary to secure it? 

53. What is the expense of letters patent? 

54. How long does a patent continue ? 



LESSON XXXII. — POWERS OF CONGRESS, 

Continued, 

A declaration of war is a solemn, formal, and delibera 
tive notice to all the world in general, and 
particularly to the citizens of both nations J^^'^^avL 
involved, that hostilities actually exist, or tion {36). 
are about to commence. 

The power to declare war is one of the ordinary prerog- 
atives of sovereignty. As we have no person in this 
country whom we acknowledge as sovereign, of course 
there is no one who has the authority to declare war. 

In this country the will of the people, when clearly 
known, whether exercised by direct vote or through the 
indirect forms of legislation, is the only sovereign to which 
the American people pay homage. Could that will be 
definitely ascertained without delay, the power to declare 
war should be vested in the people, to be ascertained by 
direct vote. But this is utterly impracticable : hence the 
war power is vested in Congress, that being the represen- 
tative body of the whole nation. 

When a formal and solemn declaration of war has been 
made by Congress, peace can be secured only through the 
negotiations of ambassadors or ministers representing the 
contending powers. After the ministerial or ambassadorial 



128 CIVIL GOVERNMENT. 

conference has agreed on the terms of peace, the power to 
accept or reject those terms on the part of the United 
States belongs to the President and Senate. It requires a 
concurrence of two thirds of the senators present to con- 
clude a treaty of peace. 

The power to grant letters of marque and reprisal also 
belongs to Congress. These are sometimes issued by the 
fdo Marque and Re- government to prevent the necessity of a 

prisai(36). declaration of war. This may be done 
when the subjects of one nation have been injured or 
oppressed by another nation that refuses to grant indem- 
nity for the injury. 

Letters of marque signify a license from the government 
to pass beyond the limits or jurisdiction of one's own coun- 
try ; and reprisal signifies a taking in return. Letters of 
marque and reprisal are a commission from the government 
authorizing the bearer to pass beyond the boundaries of his 
own country for the purpose of capturing prizes of the 
enemy, consisting of their persons or goods. 

In case it so happens in their conflicts that they are 
taken prisoners, the letters of marque and reprisal from 
their government indicate to the captors that they shall 
be treated as prisoners of war ; and that, in case they 
should be treated otherwise, their government would re- 
taliate. 

But it is necessary that rules should be adopted concern- 
ing captures made, whether on land or water. Congress is 
authorized by the Constitution to make 

3. Captures {36). \ 

these rules, which, when made, become 
laws the same as any other laws ; and, for the purpose of 
enforcing them, courts of admiralty have been established, 
whose business it is to inquire into the legality of the course 
pursued in taking these prizes. 
The remedy for illegal acts of capture is by the institu- 



POWERS OF CONGRESS. 1 29 

tion of proper prize proceedings in the prize courts of the 
captors. 

The other war powers vested in Congress would be ut- 
terly useless without the power to raise and support armies. 

The Constitution says that Congress 

, ^4. Armies (37). 

shall have power to raise and support 

armies, but that no appropriation of money to that use shall 

be for a longer term than two years. 

The army is created by enlistments under the acts cf 
Congress. The enlistment is for five years in the Regular 
Army. In time of war volunteers are enlisted for shorter 
terms. 

Congress has the power to provide and maintain a navy. 
The navy consists of the entire number of ships of war^ 
considered collectively, belonging to a ^ ^^ 

■" . ^ * 5. Navy {38), 

nation or people. A navy is necessary for 

the protection of our fisheries, commerce, and navigation. 

We need it not only on the ocean, but also on our lakes 

and on several of our rivers, and this even in time of 

peace. 

But in time of war a navy becomes indispensable to a 
people whose geographical position is like ours. Without 
it, the necessary protection could not be afforded to the 
great commercial cities on our seaboard. Should an invad- 
ing army obtain possession of these, they could demand 
contributions without stint or limit. 

Questions. 

55. What is a declaration of war? 

56. What is the sovereign power in this country? 

57. In whom is the power to declare war vested ? 

58. After a declaration of war, how can the terms cf peace be 

settled? 

59. What are letters of marque and reprisal ? 



130 CIVIL GOVERNMENT. 

60. What protection do letters of marque and reprisal afford ? 

61. What power decides on the legality of captures? 

62. Who makes the rules concerning captures, and whose busi- 

ness is it to see that these rules are enforced ? 

63. What is the remedy for illegal captures made either on the 

land or on the water ? 

64. What does the Constitution say about the power to raise and 

support armies? 

65. How is the Regular Army created, and how long is the term 

of enlistment in the same ? 

66. What is the navy, and in whom is the power vested to provide 

and maintain the same ? 

67. What is the necessity of a navy, and when is one indispensa- 

ble to a people whose geographical position is like ours ? 



LESSON XXXIIL— POWERS OF CONGRESS, 

Continued. 

By the Constitution, Congress has power to make rules 
6 Rules —Land ^^^ ^^^ government and regulation of the 
and Naval land and naval forces. 
Forces {39), Nothing need be said to indicate the 

policy and necessity of vesting in Congress the power 
to make rules for the government and regulation of the 
land and naval forces. It naturally follows the power 
to raise and support armies, and to provide and maintain 
a navy. 

Congress is authorized by the Constitution " to provide 
for organizing, arming, and disciplining the militia, and for 
7 Militia govemiug such part of them as may be 
(a) General employed in the service of the United 
Control (41). g^^^-gg^ reserving to the States respectively 
the appointment of the officers, and the authority of train- 
ing the militia according to the discipline prescribed by 
Congress." 



POWERS OF CONGRESS. I3I 

The country could not safely rely solely on its standing 
anny for any and every emergency that might arise. The 
Constitution, therefore, gives Congress jurisdiction over 
the militia of the several States, and this power of provid- 
ing for organizing, arming, and disciplining them, as 
incidental to that jurisdiction. 

Congress is authorized also to make provision for gov- 
erning such part of the militia as may be employed in the 
service of the United States. Rigid discipline and gov- 
ernment have always been found necessary in the army, 
whether constituted of regulars or militia. This govern- 
ment must be uniform to be salutary. To be uniform, it 
must emanate from a single source. (6) caiung 

There are three purposes for which Con- ^ortJi (40). 
gress may make provision for calling forth the militia : — 

ist, To execute the laws of the Union. 

2d, To suppress insurrections. 

3d, To repel invasions. 

The nation must have the means of maintaining its 
authority at home, as well as of carrying on a foreign 
war. It is not according to the policy of our government 
to maintain a standing army sufficient to answer all of 
these purposes,, 

The organization of the militia is maintained at an 
expense comparatively trifling, when the advantages to the 
country are considered. It saves the immense cost of a 
large standing army in time of peace. The standing army 
of the United States has usually numbered less than thirty 
thousand. The standing armies of the European nations 
are much larger. 

The British army numbers about two hundred thousand 
men ; the Austrian army, about three hundred thousand 
men ; and the Russian army numbers about eight hundred 
thousand men. 



132 CIVIL GOVERNMENl. 

The organization of the militia system in this country 
is preferred for the following reasons : — 

ist, It is far more economical, as it costs but little to 
maintain it in time of peace. 

2d, In time of war, after an experience of a few months 
in the field, they have proved themselves to be orderly and 
courageous to the last degree. 

3d, The militia constitute a standing and reserved force, 
subject to the call of the President of the United States 
under the laws of Congress. 

The laws enacted by Congress define the emergencies 
under which the President of the United States is author- 
ized to bring into action this branch of our service. 
. When called into the service of the United States, the 
President of the United States is commander-in-chief oi 
the militia of the several States, as well as of the standing 
army of the nation. 

Questions. 

680 According to the Constitution, what power has Congress re- 
garding the government and regulation of the land and 
naval forces ? 

69. What power has Congress over the militia, and why the neces- 

sity of this power? 

70. For what purposes may Congress provide for calling forth the 

militia? 

71. What are the advantages of the militia system ? 

72. What is the number of our army as compared with some Eu- 

ropean armies ? 

73. Why is the organizatioi> of the militia system preferred in this 

country ? 



POWERS OF CONGRESS. 133 



LESSON XXXIV. — POWERS OF CONGRESS, 

Continued. 

The Constitution establishes a Supreme Court, but it is 
left with Congress to organize that tribunal. The power 
is vested in Congress to establish tribunals yiii. judiciary. 
inferior to the Supreme Court ; and, as i. inferior Tri- 
these tribunals constitute a part of the ****" * 
national judiciary, they will be considered in the chapter 
relating to that department of the government. These in- 
ferior tribunals consist of circuit and district courts. 

Congress has the power to determine by law where the 
trials of crimes shall be held which are not committed 
within any State. Crimes committed within ^^ piace of 
any State are to be tried in the State where Trial (71). 
they are committed, yet they may be committed on the high 
seas, or within the limits of unorganized territories. This 
clause of the Constitution gives Congress the power to 
provide for such cases. 

The appellate jurisdiction of the Supreme Court is sub- 
ject to such exceptions and regulations 3. nestrictions 
as Congress shall from time to time estab- (^^)- 

lish by law. This power will be noticed in treating of 
the judiciary. 

Naturalization is that legal process by which an alien or 
a foreigner becomes a citizen of the United States. Con- 
gress has exclusive control over this sub- jx. Naturaiiza- 
ject. It can determine the forms and the tion (29). 
necessary steps to be adopted in the process, and the time 
within which it may be completed. 

An alien is one who is born in a foreign country, of 
foreign parentage. Children born in foreign countries, 



134 CIVIL GOVERNMENT. 

of parents who are citizens of the United States absent 
from home on public business, are not ahens. 

Under the Confederation, each State determined for 
itself the conditions on which an alien might become a 
citizen of the United States. Some required a shorter, and 
others a longer, period of time. If New Jersey required 
one year for naturalization, and New York seven, the 
shortest way to become a citizen of New York would be 
through naturalization in New Jersey ; for a citizen of any 
State was a citizen of any other State in which he might 
become a resident. 

Congress, having control of this subject under the Con- 
stitution, passed a law, in 1790, requiring two years ; in 
1795, five years; in 1798, fourteen years; and in 1802 
that law was passed, which has been in force ever since, 
requiring five years to complete the process of naturaliza- 
tion. 

A soldier, having served one year in the United States 
Army, and having obtained an honorable discharge, may 
become a citizen of the United States on making oath to 
these facts, and taking the oath of allegiance to our govern- 
ment. 

With the above exception, five years is the shortest pos- 
sible time for naturalization. At least two years before final 
admission, the alien must make formal declaration of his in- 
tention to become a citizen. This he can do in any court 
having jurisdiction of the subject-matter. 

Not less than two nor more than seven years from the 
time of declaring his intention, he must again appear in 
court, and if found qualified, he will be permitted to take 
the oath of allegiance in the proper form, on which he is 
admitted to full citizenship. The applicant first makes and 
signs a petition stating his residence, age, etc., and declaring 
his intention to renounce all allegiance to foreign powers 



POWERS OF CONGRESS. 1 35 

and to reside permanently in the United States. Ninety or 
more days later he and two citizen witnesses must be ex- 
amined by the court, and must prove that the applicant is 
of good character and has resided in the United States five 
years, and in the State or Territory where the court is held, 
one year. He must be able to speak English, unless he has 
made homestead entry upon public land. If the judge is 
satisfied on all these points, the applicant takes the proper 
oaths and is given a certificate of naturalization. 

When a foreigner becomes naturalized, his children under 
twenty-one years of age, if residents of the United States at 
the time, become citizens without further formality. If a 
foreigner makes his declaration of intention to become a 
citizen of the United States, and dies before the time to 
become naturalized, his wife and children may become citi- 
zens of the United States at that time, on taking the neces- 
sary oath. 



Questions. 

74. What power has Congress over the courts ? 

75. What power has Congress over places of trial ? 

76. What is naturalization ? 

Tj. What power has Congress over this subject ? 

78. What is an alien ? 

79. How long does it take an alien to become a naturalized citizen 

of the United States ? 

80. What is the process of naturalization, and what is the shortest 

possible time in which it may be completed ? 

81. How does naturalization affect other persons of the same 

family ? 



135 CIVIL GOVERNMENT. 

LESSON XXXV. — POWERS OF CONGRESS, 

Continued. 

Ownership of territory by any government implies the 
fight to govern it, and the right to govern implies the right 

J. Territortj. to make all needful rules and regulations 
1. Government for that purpose. Hence this provision of 
^^^^' the Constitution : " The Congress shall 

have power to dispose of and make all needful rules and 
regulations respecting the territory, or other property, be- 
longing to the United States." 

Since the close of the revolutionary war the General 
Government has acquired, by one means and another, a 
vast extent of territory beyond the limits of the original 
States. 

First, by the liberality of the States owning it, the 
General Government acquired that immense region known 
as the Northwestern Territory. This was before the adop- 
tion of the Constitution. 

Second, we acquired of France the Louisiana territory. 

Third, we purchased Florida of Spain. 

Fourth, we acquired Texas. 

Fifth, we obtained California, etc., of Mexico. 

Sixth, we purchased Alaska of the Russian Government. 

Seventh, we annexed the Hawaiian Islands. 

Eighth, we acquired Porto Rico and the Philippines. 

The extent of our territory now is over three times what 
it was at the adoption of the Constitution. Congress adopts 
the necessary rules and measures to govern all territory 
owned by the United States until such time as it is erected 
into independent States, and admitted into the Union. 
2. Seat of Govern. The Constitutional provision gives Con- 

ment {42). gj-gss the pOWCr 

" To exercise exclusive legislation in all cases whatsoever. 



POWERS OF CONGRESS. I37 

over such district, not exceeding ten miles square, as may, 
by cession of particular States and the acceptance of Con- 
gress, become the seat of the government of the United 
States." 

Under this clause. Judge Story says, the cession of the 
present District of Columbia was made by the States of 
Maryland and Virginia to the National Government ; and 
the present seat of the National Government was estab- 
lished at the city of Washington in 1800. That convenient 
spot was selected for this very purpose by the exalted 
patriot whose name it bears. 

The District of Columbia was a tract of land ten miles 
square, belonging partly to Maryland and partly to Vir- 
ginia. That part of it obtained from'Virginia was re-ceded 
to that State in 1846, so that now the District is confined 
to the Maryland side of the Potomac. 

Before the year 1800 the seat of government had been 
temporarily established at Philadelphia, Baltimore, Lan- 
caster, and several other places. On account of the fre- 
quent changes, the public suffered great inconvenience. 

The Congress has the same authority, by the Constitu- 
tion, " over all places purchased by consent of the Legis- 
latures of the States in which the same 3, pubUc worus 
shall be, for the erection of forts, maga- (4^). 

zines, arsenals, dock-yards, and other needful build- 
ings." 

Two steps are necessary to obtain a site for any of the 
foregoing purposes, — first, the consent of Congress ; and, 
second, the consent of the Legislature of the State in 
which the proposed site is. When the cession is made, 
the government comes into full possession, and then 
Congress may exercise over such place exclusive legisla- 
tion. 

Unless the State of which such purchase is made re- 



138 CIVIL GOVERNMENT. 

serves the right, no legal State authority can be exercised 
in such places, even to the serving of writs of any kind, 
civil or criminal. But States usually make such reserva- 
tions, but for which these places might become retreats 
and asylums for fugitives from justice who may be guilty 
of crimes against State authority. Almost every State 
has more or less of these places within its limits subject 
to the jurisdiction of national authority. 

The power to dispose of the territory belonging to the 
United States has been discussed in another 

4. Alienation (79). 1 1 r 1 ■, 1 

place, and therefore need not be repeated 
here (see Townsend's Analysis of Civil Government). 

"New States may be admitted by the Congress into this 
Union." Under the Confederation, Canada might have 
s. New been admitted by " acceding to the Union, 
States {78). a^d joining in the measures of the United 
States J " but the admission of any other British province 
would have required the consent of nine States, and they 
never made application. No power except that just speci- 
fied was given to Congress in the Articles of Confederation 
to admit States into the Union. 

As there were immense tracts of vacant territory lying 
within the chartered limits of several of the States, the 
omission to confer this power on Congress was doubtless 
an oversight. 

This was a serious omission, as the events of our history 
since the adoption of the Constitution have proved. By 
the liberality of the States owning this territory, it was 
early ceded to, and became the common property of, the 
United States. These State cessions began with New 
S^ork in the year 1781, followed by Virginia, Massachu- 
setts, Connecticut, South Carolina, and North Carolina, 
at various dates, and closing with Georgia in the year 
1802. 



POWERS OF CONGRESS. 139 

Since that time, as already stated in another place in 
this work, we have, by purchase and treaty, added im- 
mensely to the territory of the United States. 

It was foreseen by the authors of the Constitution that 
this power to admit new States into the Union would soon 
become necessary, and it was accordingly vested in Con- 
gress. Under this provision, thirty-five States have been 
added to the American Union, making the total number 
forty-eight, occupying all the main body of the United 
States. 

Questions. 

82. What does the ownership of territory by any government 

imply? 

83. What territory did our government acquire before the adop- 

tion of the Constitution ? 

84. What other territory has the General Government acquired 

since the close of the revolutionary war? 

85. What is the present extent of our territory, and how much has 

it increased since the adoption of the Constitution? 

86. What is the duty of Congress with reference to this vast terri- 

tory ? 

87. What power does the Constitution give Congress over the 

District of Columbia? 

88. Over what other places has Congress like authority? 

89. How can these be obtained ? 

90. What reservations do States usually make over these places, 

and why ? 

91. What provisions did the Confederation make in regard to the 

admission of provinces or new States ? 

92. At what dates did several of the States make cessions of 

territory to the United States? 

93. How is the necessity of this power shown? 



Short. Civ. Gov.— 10 



14© CIVIL GOVERNMENT. 



LESSON XXXVI. — POWERS OF CONGRESS, 

Continued. 

It is left with the States to fix the times, places, and 

manner of holding their elections of senators and rep- 

^, „, , resentatives in Congress j but, should they 

± Elections, neglect to do this. Congress has jurisdic- 
(a) Members of tion over the wholc subject, except as to 

ongress )o ^^^ places of choosing senators. 

Each State can consult its own local convenience with 
regard to these elections ; but it has no right to wholly 
neglect making the necessary provisions for holding them. 
Should it do so, and should other States follow the bad 
example, it is manifest that the affairs of government 
might suffer serious embarrassment, but for the provision 
giving Congress jurisdiction over the subject. It would 
be equivalent to a withdrawal of their representation from 
the national councils. This would be a violation of a 
fundamental principle of every sovereignty, which is an 
inherent right to provide for the perpetuity of its own 
existence. 

The power here given to Congress is simply discretionary, 
not mandatory ; and such a power must be vested some- 
where. It is primarily with the States, but ultimately with 
the National Legislature. 

Congress has provided for the election of members of 
the House of Representatives by congressional districts, 
and the day of their election is the same in nearly all the 
States. 

Congress has also exercised supervision to a limited 
extent over the manner of electing senators. 

The Constitution says, " The Congress may determine 
the time of choosing the electors, and the day on which 



POWERS OF CONGRESS. I4I 

they shall give their votes, which day shall be the same 
throughout the United States." (6) Presidential 

Jan. 23, 1845, Congress passed an act Electors (58). 
specifying that electors should be elected the Tuesday next 
after the first Monday in the month of November of the 
year in which they are to be chosen. 

The second Monday in January after their election is, 
by law of Congress, the day fixed on which the electors 
shall give their votes. Each State fixes by law the place 
where these votes shall be given, and they have generally 
designated the State Capitol. 

The Constitution says with reference to State records, 
" Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceed-^ state Mecoras. 
ings of every other State ; and the Con- 
gress may, by general laws, prescribe the manner in which 
such acts, records, and proceedings shall be proved, and 
the effect thereof." 

Under a clause of the Constitution, when a judgment 
is rendered by any State court in proper form, from which 
no appeal has been taken to any higher (a) Method of 
court within the time allowed for appeals, ^^'o^^'^sr i74). 
that judgment is conclusive ever after, between the parties 
to it, as to the matters in controversy. That judgment 
will be received in evidence when offered in any other court 
within the limits of the State within which it was rendered. 
Under this power, Congress has passed laws defining 
the manner in which they shall be authenticated, and the 
effect to be given to their authenticity. 

Congress has declared that they shall have such faith 
given to them in every court within the (5) Effect of 
United States as they have by law or usage ^''''^^ (^^>- 
in the courts of the State from which the records are taken. 
The effect, therefore, of the proof is this : that a judg- 



142 CIVIL GOVERNMENT. 

ment obtained in a court of competent jurisdiction in one 
State is valid in every other State in the Union. 

By the Constitution, States are prohibited from laying 
3. Imposts and any imposts or duties on imports or exports 

Duties (S3), without the consent of Congress, except 
what may be necessary for the execution of their inspec- 
tion laws. 

If States should attempt to lay burdensome inspection 
duties, Congress has the power to pass acts of revision, 
and, in case it becomes necessary, to control the whole 
subject. 

The subject of imposts and duties, we have seen, is 
exclusively under the control of Congress; and, should a 
State attempt by some indirect method to lay duties or 
imposts. Congress has the higher right to control and 
revise its legislation. 

If the office of President of the United States is vacated, 

by death or otherwise, the powers and duties of that office 

XII. Executive devolve on the Vice-President ; but it is 

Vacancy {60). possible that both the President and Vice- 
President might be removed from office, and the Constitu- 
tion therefore provides for such a possibility in the follow- 
ing language : — 

" The Congress may by law provide for the case of 
removal, death, resignation, or inability, both of the Presi- 
dent and Vice-President, declaring what officer shall then 
act as President; and such officer shall act accordingly 
until the disability be removed or a President shall be 
elected." 

Under this provision of the Constitution, Congress has 
provided by law that the secretary of state, and after him 
the heads of the other executive departments in a specified 
order, shall succeed to the duties of the President until 
^he disability be removed or a President shall be elected ; 



POWERS OF CONGRESS. 



143 



but such officer must be constitutionally eligible to the 
presidency, and not under impeachment. 

Questions. 

94. What power has Congress over State elections of members? 

95. What is the duty of States as to these elections? 

96. How has Congress provided for the election of representatives ? 

97. What authority has Congress over the election of presidential 

electors ? 

98. When must electors be elected, and when give their votes? 

99. What does the Constitution say of State records ? 
100. What laws has Congress passed on this subject ? 
loi. What is the effect of judgments ? 

102. What power has Congress over the laws of States in regard to 

imposts and duties? 

103. What power has Congress over the power of Executive va 

canc)'^ ? 

104. What law has Congress passed on the subject? 



LESSON XXXVII. ~ POWERS OF CONGRESS, 

Continued^ 

The Constitution says, "The Congress may by law 
vest the appointment of such inferior offi- xiii. Appoint ■ 
cers as they think proper in the President tnents (64). 
alone, in the courts of law, or in the heads of departments." 

These appointments are restricted to inferior officers. 
The Constitution does not say who are such : it is there- 
fore left to Congress to define this class. Neither the 
heads of departments, nor the judges of courts, nor am- 
bassadors to foreign countries, are inferior officers. They 
doubtless include clerks of departments, clerks of court, 
and some other officers. 

Congress has no power to alter or amend the Constitu- 



144 CIVIL GOVERNMENT. 

tion j but they can take the initiatory steps. They can 

xir. constitu- submit propositions to the States for this 

tionai Amend- purpose whenever, in the estimation of two 

"*en s ( ). ^j^jj.(jg (jf ^j^g members of both Houses, 

amendments become necessary. 

If two thirds of both Houses deem it necessary that anj 
amendments should be made to the Constitution, the 
amendment proposed is drawn out in due form under the 
direction of Congress, and proposed to the Legislatures ol 
the several States for their ratification or rejection ; or the 
proposed amendments may be submitted to State conven- 
tions called for that purpose. 

Or on the application of the Legislatures of two thirds 
of the several States, made to Congress, it is the duty of 
that body to call a convention whose .business it shall be 
to propose amendments. 

It is further the duty of Congress, by whichever body 
the amendments shall be proposed, to declare whether 
they shall be submitted to State Legislatures or to State 
conventions. 

When these new amendments are ratified by the Legis- 
latures of three fourths of the States, or by conventions 
in three fourths thereof, they become, to all intents and 
purposes, part of the Constitution. 

Thus far, fifteen articles of amendment have been adopted. 
These have all originated with Congress, and have been 
ratified by State Legislatures. 

The Constitution, as it came from the hands of its 

authors in 1787, recognized slavery as a State institution. 

XV. Slavery {44), True, the word "slave," or "slavery," is 

(97)' not in the instrument. These words were 

carefully and intentionally omitted. 

In the Thirteenth Article of Amendment the word 
" slavery " appears for the first time in the Constitution, and 



POWERS OF CONGRESS. 145 

that article abolishes the institution throughout the United 
States and their Territories. 

This amendment gives Congress legislative authority 
over the subject. As four or live millions of men, women, 
and children were suddenly transferred from slavery to 
freedom, it was presumed that national legislation would 
become necessary to protect them in their new condition. 
Congress has already exercised this power in the passage 
of several statutes on the subject. 

QUESTIONSo 

105. In whom may Congress vest the appointment of inferior 

officers ? 

106. What power has Congress over constitutional amendments? 

107. When and how may it be exercised ? 

108. How many amendments have been adopted ? 

109. Where, and for what purpose, does the word " slavery " appear 

in the Constitution? 



LESSON XXXVIII. — POWERS OF CONGRESS. 

Continued. 

By the forty-third paragraph of the Constitution as num- 
bered in this work, which it is not necessary to repeat here, 
it will be seen that the whole subject of xyi. General 
lawmaking, for the purpose of carrying Xa^-^'^ingr (43). 
into effect the provisions of the Constitution, is vested in 
Congress. 

As it is impossible to specify in the fundamental law of 
a nation all the powers which at some time it may be 
indispensably necessary to exercise for the common good, 
this provision seems to be among the wisest to be found 
in the Constitution. 



146 CIVIL GOVERNMENT, 

Had the attempt been made to enumerate affirmatively 
all laws necessary and proper which Congress might pass, 
it must have resulted in failure. 

An eminent jurist says it would have rendered necessary 
a complete digest of all laws on every subject to which 
the Constitution relates. It must have embraced all future 
as well as all present exigencies, and been accommodated 
to all times and all occasions, and all changes of situation 
and character. 

The Constitution says, " The Congress shall assemble 
xrii.Frequer.cy^^ ^^ast oncc In cvery year; and such 

and Time of meeting shall be on the first Monday in 
ee tng , j^Q^Q^nbeif unlcss they shall by law ap- 
point a different day." 

On extraordinary occasions the President of the United 
States may convene either or both Houses of Congress ; 
but a bad President might desire to have no Congress 
during his administration. In such case, there would be 
a practical demonstration of the necessity of the foregoing 
provision. 

Again : it seems necessary that the Constitution should 
contain some such provision, as otherwise the two Houses 
of Congress might not agree in reference to the time of 
assembling. By this provision, if they cannot agree on 
any other time, they must meet on the first Monday in 
December. ' 

The place of meeting is not designated, and probably 
for two reasons : firsts the seat of the National Government 
had not been established at the time when the Constitution 
was formed ; and, second,, war or pestilence might at times 
interfere with the meeting at any place that might be 
named in the Constitution. 

In England the sovereign convenes and dissolves Par- 
liament at pleasure. 



POWERS OF CONGRESS. 147 



Questions. 

no. What power does the forty-third paragraph of the Constitution 
give to Congress over general lawmaking ? 

111. How often and when must Congress meet ? 

112. Why was it necessary that the Constitution should specify a 

time of meeting? 

113. Why is not the place of meeting named ? 



BLACKBOARD EXERCISE. 



Lawmaking. 




First Process. 




I. Action in Congress 


■ . m 


2. Delivery to Executive 


. . . m 


3. Executive Signature . • 


. . m 


Second Process. 




I. Action in Congress • • 


. . m) 


2. Delivery to Executive 


• . . (^4) 


3. Executive Veto . 


. . m 


4. Record of Veto 


. . . m) 


5. Reconsideration „ 


. . (u) 


6. Approval by Congress 


. (U) 


7. Method of Voting 


. . {U) 


8. Record of Votes 


. . . m 


Third Process. 




I . Action in Congress . 


. . . {^4) 


2. Delivery to Executive , 


■ ■ (m 


3. Executive Neglect . 


. (m 


4. .5]^<r/ ^ Neglect 


. . (u) 


Orders^ Resolutions, and Votes. 




I. Action in Congress 


. . (25) 


2. Delivery to Executive 


. (S5) 


3. Executive Veto . 


. . (S5) 


4. Subsequent Action . 


, (^5) 



148 



CHAPTER XI II. 

LESSON XXXIX. — LAWMAKING. 



By reference to Paragraph (24) of the Constitution, it 
will be seen that a bill may become a law through any one 
of the three following processes : — 

First Process. 

1. The bill shall pass both Houses of Congress. 

2. It shall then be presented to the President. 

3. If he approve, he shall sign it. 

Second Process. 

1. The bill shall pass both Houses of Congress. 

2. It shall then be presented to the President. 

3. If he disapprove it, he shall return it, with his objec- 
tions, to that House in which it originated. 

4. That House shall enter objections at large on their 
journal. 

5. They shall proceed to reconsider it; and if, after 
such reconsideration, two thirds of the House shall agree 
to pass it, it shall be sent, with the objections, to the other 
House. 

6. The other House shall reconsider the bill; and, if 
approved by two thirds of that House, it shall become a 
law. 

149 



150 CIVIL GOVERNMENT, 

7. The votes of both Houses shall be determined by the 
yeas and nays in all such cases. 

8. The names of the persons voting for and against the 
bill shall be entered on the journal of each House respec- 
tively. 

Third Process. 

1. The bill shall pass both Houses of Congress. 

2. It shall then be sent to the President. 
3o He neglects to approve or return it. 

4. It becomes a law at the end of ten days (Sundays 
excepted), unless Congress, by adjournment within that 
time, prevent its return. 

A bill is the draught of a proposed law. It is usually, 
though not always, introduced by the chairman of the 
committee who properly has the subject-matter of the 
bill in charge. As to what committee will introduce it 
depends on the character of the bill. If it relate to com- 
merce, the Committee on Commerce would be the proper 
one to originate and introduce it. A bill may be amended 
by either House ; but, if amended by one House after having 
passed the other, it must be returned, with the amendment, 
to the House it had before passed, for their concurrence. 

After it has passed both Houses, it is sent to the Presi- 
dent of the United States for his approval and signature. 
He cannot make or propose amendmentSo 

At any time during the pendency of a bill, amendments 
to it may be proposed, and passed, by either House. 

A bill in Congress must receive three several readings 
before it is put upon its final passage. No bill can be read 
more than once on the same day without the special per- 
mission of the House. The vote is taken on its third 
reading. The arguments for and against the bill, if any. 



LAWMAKING. 



15* 



are made before its third reading, or between its third 
reading and the taking of the vote. 

The second process of lawmaking is the one in which 
the President's veto, as it is commonly called, is interposed. 
To become a law in opposition to the President's objections 
requires a vote by yeas and nays of two thirds of each 
House. So the President's veto is only qualified, not abso- 
lute. 

This executive power may operate, and indeed it has 
sometimes, as a salutary check on hasty legislation. The 
Executive, not having participated in the rivalry of debate, 
and being quietly retired from the scenes of political 
strife, may be presumed to be better qualified to pronounce 
correct judgment than those who were active in the contest. 

The third process of lawmaking difiers from the other 
two, simply through the inaction of the President. If he 
neglect to sign and return the bill for ten days, Sundays 
excepted, it becomes a law as though it were signed by 
him ; unless the Congress, by their adjournment, prevent 
its return, in which case it fails to become a law. 

Orders, Resolutions, and Votes. 

The Constitution says, " Every order, resolution, or vote 
to which the concurrence of the Senate and House of Rep- 
resentatives may be necessary (except on a question of 
adjournment) shall be presented to the President of the 
United States, and, before the same shall take effect, shall 
be approved by him, or, being disapproved by him, shall 
be re-passed by two thirds of the Senate and House of 
Representatives, according to the rules and limitations pre- 
scribed in the case of a bill." 

Were it not for this provision. Congress might exert their 
power in the form of orders, resolutions, or votes, thus pre- 
venting the President from interposing his vetOo They 



152 CIVIL GOVERNMENT. 

could thus substantially legislate in these forms without 
the sanction of the Executive, and without the necessity of 
a vote of two thirds of each House. 

Questions. 

1. What is the first process of lawmaking ? 

2. What is the second process of lawmaking? 

3. What is the third process? 

4. What is a bill ? 

5. By whom is it generally introduced ? 

6. What is said about amendments? 

7. What is done with the bill after it has passed both Houses ? 

8. What may be done during the pendency of a bill ? 

9. What is said about the readings of a bill ? 

10. What is said about the President's veto ? 

11. What may be the effect of the veto power? 

12. Why is the President the best judge? 

13. How does the third process of lawmaking differ from the first 

two? 

14. What does the Constitution say about orders, resolutions, votes? 

15. But for this provision, what might Congress do? 



BLACKBOARD EXERCISE. 



Prohibitions on the United States 

I, Habeas Corpus. 

1. Rebellion (-4^) 

2. Invasion . . ... • \4^) 
II. Export Duties {Jf8) 

III. Interstate Commerce {4^) 

IV. Public Money. 

1. Drawing ...... {50) 

2. Published Statement . . . . (^^) 

3. For Armies ...... ('^^) 

V. Nobility (^■?) 

VI. Penalties. 

1. Bill of Attainder .... (-4^) 

2. Ex post facto law (4^) 

3. Attainder of Treason , . . , {7S) 
VII. i^^m^;/ ^/^z/^ rra^^ .... (M\ {81) 

VIII. Repudiation. 

1. Par bidden. 

(a) land-claims . . • • (T'P) 

(b) Contracts (^^) 

(c) /'^/M^ Z>^^/ . . . . {101) 

2. Enjoined ..... (^^-^) 
IX. Freedom. 

1. Religious • • «. • • • (<^^) 

2. CVz'// , o o c o o (8Q) 



CHAPTER XI V. 

LESSON XL. —PROHIBITIONS ON THE UNITED 

STATES. 



The Constitution says, "The privilege of the writ of 

habeas corpus shall not be suspended, unless when, in cases 

of rebellion or invasion, the public safety 

I. Sabeas Corpus, . . ,, 

may require it. 

The writ of habeas corpus is a writ of relief. A person 
may be wrongfully imprisoned before he is tried on the 
crime with which he is charged. He may be innocent or 
guilty; but, in either case, it may happen that he is re- 
strained without the proper forms of law, and without 
sufficient legal authority. 

This is a kind of intermediate writ or proceeding, under 
which the lawfulness of his imprisonment may be tested, 
between the moment of the prisoner's arrest and the time 
of final trial. Proceedings under this writ are not for the 
purpose of determining upon the guilt or innocence of the 
accused, but they are for the purpose of settling whether 
he is properly or improperly held for trial. 

Persons are sometimes unlawfully restrained of their 
liberty, though charged with no crime whatever \ as, im- 
properly holding a child in custody, or locking a person in 
a room. 

The privilege of this writ is the birthright of every 
American citizen. It is a kind of writ of inquiry ; and it 

154 



PROHIBITIONS ON THE UNITED STATES. 1 55 

is the duty of every court of competent jurisdiction to 
issue it, on proper application. The only exceptions to 
this statement are those specified in the foregoing clause 
of the Constitution. 

If the court, on inquiry, decides that the prisoner is 
properly restrained, he is remanded to imprisonment ; but 
if the prisoner is improperly restrained, the court sets him 
at liberty. 

Rebellion here means open^ active hostility; and defiant 
opposition to the government. It is an uprising of a con- 
siderable portion of the citizens of a coun- 

1. Mebellioti (45). 

try agamst its authority. In cases of re- 
bellion or invasion, it may be necessary to temporarily 
suspend the privilege of this writ. In such an emergency 
oftentimes the government knows not whom to trust. 
There may be well-known leaders of organized opposition, 
whose every act may be so veiled in secrecy as to defy de- 
tection. Clear and tangible proof of their guilt, perhaps, 
cannot be obtained, yet they are as well known to be se- 
cretly and earnestly opposed to the war measures of the 
government as though their hostility were of a more open 
and public character. If, on the arrest of such public en- 
emies, they could avail themselves of the writ of habeas 
corpus, it might defeat the very ends of justice, and render 
the government unable to protect itself. 

The power of suspension of the privilege of this writ 
was vested by Congress in the President of the United 
States during the civil war from 1861 to 1865. 

Invasion, as used in the Constitution, means the entry 
of a hostile force of a foreign nation into our territory. 
Under such a condition of things, the sus- 

, r 1 • . ^' I't^'vasion (45). 

pension of the privilege of this writ may 

be as necessary to the welfare of the government as in cases 

of rebellion. 

Short Civ. Gov.— 11. 



156 CIVIL GOVERNMENT. 

The Constitution says, " No tax or duty shall be laid on 
II. Export articles exported from any State." 

Duties (48). The intention of this prohibition is to 

prevent taxing the interests of any State to its detriment, 
and giving undue advantages to others. The productions 
of some of the States are very different from those of 
others; and, were export duties allowed to be enforced, 
the burden of taxation would be as unequal as the exports. 
It would be impossible to so adjust export duties, were 
they allowed, as to distribute the burdens equally. 

Questions. 

1. Recite the forty-fifth paragraph of the Constitution. 

2. Give a full explanation of a writ of habeas corpus. 

3. Under this writ, what is done by the court if the prisoner is 

improperly restrained? 

4. What if properly restrained? 

5. What is rebellion ? 

6. When and why may the privilege of this writ be suspended ? 

7. Who may suspend the privileges of this writ? 

8. What does invasion here signify ? 

9. What does the Constitution say about export duties? 

10. What is the intention of this prohibition ? 

11. What is said about State productions? 



LESSON XLI. — PROHIBITIONS, Continued, 

The Constitution says, " No preference shall be given, 

III. Interstate by any regulation of commerce or revenue, 

Commerce (49). ^o the ports of one State over those of 

another; nor shall vessels bound to or from one State be 

obliged to enter, clear, or pay duties in another." 

Although the power to regulate commerce among the 
States is vested in Congress, yet that power is coupled 
with these Constitutional prohibitions : no preference shall 



PROHIBITIONS ON THE UNITED STATES. 1 57 

be given to the ports of one State over another ; nor 
shall entrance or clearance fees, or the payment of duties, 
be required in an intermediate State while vessels are 
passing from one State to another. 

A vessel bound to Philadelphia from Liverpool, in pass- 
ing Boston or New York, cannot be compelled to enter, 
clear, or pay duties in either of the last two ports named. 
The duties must be paid in Philadelphia, the port to which 
the vessel is bound. 

The Constitution says, " No money shall be drawn from 
the treasury but in consequence of appro- jr. rubUc 
priations made by law ; and a regular M»ney. 
statement and account of the receipts and expenditures of 
all public money shall be published from time to time." 

" No appropriation of money to that use (to raise and 
support armies) shall be for a longer term than two years." 

The object of this provision is to secure strict faithful- 
ness in the public expenditures. Neither the Executive, 
nor the iudiciary, nor the heads of depart- 

■' •" ^ 1. Drawing (50). 

ments, nor even members of Congress 

themselves, can draw a dollar of the public money except 

by appropriations made by law. 

This provision puts a salutary check on the possible 
profusion and extravagance of the National Legislature. 
The people have the right to know how, 2. Published 
and for what purposes, their money is ex- statement (50). 
pended. The heads of the departments must make an 
annual exhibit of their transactions respectively. 

The fear that the army might possibly become a power 
too formidable to be consistent with the rights and liberties 
of the people led to this constitutional lim- 3. For Armies. 
itation of army appropriations. Lest Con- ^^'^* 

gress may be extravagant in this direction, or the adminis- 
tration acquire too much power over the army, they are 



15^ CIVIL GOVERNMENT. 

forbidden to make appropriations extending beyond the 
period of two years. 

A Congress lasts for but two years ; and, should they be 
profuse in their appropriations of army money, the people 
will be likely to correct the error in their election of the 
succeeding Congress. 

The Constitution says, "No title of nobility shall be 
granted by the United States." 

The government instituted in this country at the close of 

the revolutionary war, and which took definite form in the 

Constitution of the United States, was in- 

F. Nobility {51). . 

tended to be characterized for republican 
simplicity. The theory of our institutions is, all citizens are 
equal before the law. Orders of nobility are forbidden in 
accordance with this theory. 

The Constitution says, " No bill of attainder or ex post 
facto law shall be passed." 

A bill of attainder, which is here forbidden, is a phrase 
borrowed from England, It is a special act of the legis- 

VI. Penalties, ^^^ive body, inflicting capital punishment 

1. Bill of Jit- on a person for high crimes, without having 

tainder {4G). ^^^^ ^^^^ convicted before a court of law. 
This kind of proceeding was very common in England two 
or three hundred years ago. 

A person against whom such an act was passed was said 
to be attainted and outlawed. The victim's blood became 
so corrupted, that he could neither inherit anything from 
his ancestry, nor transmit by hereditary descent to his heirs. 
All his property, real and personal, was forfeited to the 
crown. 

An ex post facto law is one that is retroactive, and which 

2. lEac post facto makes an act criminal which was not crim- 

Law (46). jj^a] when committed ; or it increases the 

severity of the punishment which attached to the crime when 



PROHIBITIONS ON THE UNITED STATES. 1 59 

it was committed. Both the United States and the several 
States are forbidden by the Constitution to pass such a 
law. 

The Constitution says, " No attainder of treason shall 
work corruption of blood, or forfeiture, 
except during the life of the person at- ' j,^.eason {73). 
tainted." 

Treason is defined by the Constitution ; but its punish- 
ment, by Congress. But this clause of the Constitution 
defines what penalties shall not attach to this crime. By 
the laws of England, treason was punishable by death in 
many horrid forms ; but the penalty was not limited to the 
death of the victim. By fiction of law, his blood became 
so corrupted that all powers of transmission of property to 
his kindred were destroyed. But our Constitution forbids 
the punishment of the innocent for the crimes of the 
guilty. 

In affirmance of this clause of the Constitution, Con- 
gress has passed laws strictly limiting the punishment to 
the party convicted, so that in no legal sense can it reach 
his posterity. 



Questions. 

12. What does the forty-ninth paragraph of the Constitution 

say? 

13. What is said concerning the payment of duties at interme- 

diate ports ? 

14. What restrictions does the Constitution impose in regard to 

the disbursement of public money? 

15. What is the object of this provision? 

16. What is said in regard to published statements? 

17. By whom are the statements published ? 

18. What is said in relation to the appropriations by Congress 

for armies ? 



l6o CIVIL GOVERNMENT. 

19. Why is the appropriation of money limited to a term of 

two years ? 

20. What does the Constitution say in relation to titles of no- 

bility? 

21. What is the theory of our government concerning titles of 

nobility? 

22. What is said concerning bills of attainder and ex post facto 

laws? 

23. What are they? 

24. What was the consequence of a bill of attainder in Eng- 

land ? 

25. What does the Constitution say in regard to attainder of 

treason ? 

26. Who declares the punishment for treason ? 



LESSON XLIL — PROHIBITIONS, Continued. 

As slavery and the slave trade are entirely abolished, the 
clauses of the original Constitution relating to the slave 

Yii Foreign trade have long since become obsolete. 

Slave Trade They are inserted here merely as matter 
of history, and not as of present binding 
obligation. The following are the only clauses that refer 
to this subject: "The migration or importation of such 
persons as any of the States now existing shall think proper 
to admit shall not be prohibited by the Congress prior to 
the year one thousand eight hundred and eight j but a tax 
or duty may be imposed on such importation, not exceeding 
ten dollars for each person. " 

There is another clause in Article V. of the Constitution 
which prohibits any amendment to the foregoing clause 
prior to the year one thousand eight hundred and eight. 
The student will find it in the eighty-first paragraph. After 
prescribing the manner in which the Constitution may be 
amended, it contains the following restriction, which refers 
to the clause just given in full. 



PROHIBITIONS ON THE UNITED STATES. l6l 

'* Provided that no amendment which may be made 
prior to the year one thousand eight hundred and eight 
shall in any manner affect the first and fourth clauses in 
the ninth section of the first article." 

The word " persons " in the first foregoing quotation 
from the Constitution is but another word for "slaves." 
At the time of the adoption of the Constitution, slaves 
were held by authority of law in every State excepting 
Massachusetts ; and the slave trade, that is, importing 
negroes from Africa, was sanctioned by all, or nearly all, 
the nations of Christendom. 

But towards the close of the eighteenth century the slave 
trade began to excite a spirit of disapprobation ; and the 
conviction fastened itself on the consciences of men, that 
this traffic in human beings was repugnant to the princi- 
ples of Christian obligation. Many of the great and good 
men who formed the Constitution of the United States 
shared in this conviction. 

Hence the foundation was laid in our Constitution, in 
the clause just given, by which the legality of the African 
slave trade was to end in this country with the dawn of 
the year 1808. 

By Act of March 2, 1807, Congress prohibited, under 
severe penalties, the importation of slaves into the United 
States from and after Jan. i, 1808. In 18 18 another act 
was passed, making the penalties more severe ; and in 
1820 Congress defined the slave trade to be piracy, and 
attached to it the penalty of death. 

On the i8th of December, 1865, William H. Seward, sec- 
retary of state, officially announced to the country that the 
Thirteenth Article of Amendment had been ratified by the 
Legislatures of three fourths of the several States, and had 
become, to all intents and purposes, a part of the Constitu- 
tion of the United States. 



t62 civil government. 

By that article, slavery was abolished throughout the 
United States, and in all places subject to their jurisdic- 
tion. 

Questions. 

27. What is said about slavery and the slave trade? 

28. In what year was the slave trade abolished by Congress, 

and what penalty was attached to it by Congress in the 
year 1820? 

29. When was slavery abolished in the United States and in places 

subject to their jurisdiction? 



LESSON XLIIL — PROHIBITIONS, Continued, 

The following is found in Paragraph (79) of the Consti- 
tution : " Nothing in this Constitution shall be so construed 
VIII. Bepudia- ^^ ^o prejudice any claims of the United 
tion. States or of any particular State." 

1. Forbidden, _,, . . . , • 1 • i 1 

(a) land Claims This IS a part of a clausc in which the 
(^^)* authority is given to Congress to dispose 

of territory belonging to the United States. This provision 
relates to conflicting claims and unsettled titles to some 
parts of the Western Territory. The intention of this 
clause is to give assurance that the adoption of the Consti- 
tution of the United States shall in no way affect the 
validity of any claims to these lands, but that the rights 
of parties interested shall be the same as they were under 
the Confederation. 

On the matter of repudiating contracts existing under 
the Confederation, the language of the Constitution is thus : 

(&) Contracts " All debts Contracted, and engagements 
{79). entered into, before the adoption of this 

Constitution, shall be as valid against the United States, 
under this Constitution, as under the Confederation." 



PROHIBITIONS ON THE UNITED STATES. 1(63 

This clause is intended to give assurance to the creditors 
of the proposed new government that all just claims against 
the Confederation will be recognized and liquidated under 
the Constitution. 

This is in accordance with well-settled law, binding on 
all nations, notwithstanding any changes in their forms of 
government. 

The Constitution says, " The validity of the public debt 
of the United States authorized by law, including debts 
incurred for payment of pensions and boun- 

.. r • • • • i' (c) Public Debt 

ties lor services in suppressing insurrection aoi^ 

and rebellion, shall not be questioned." 

The Constitution says, " Neither the United States, nor 
any State, shall assume or pay any debt or obligation in- 
curred in aid of insurrection or rebellion 
against the United States, or any claim for * ,^q*^>^^ 
the loss or emancipation of any slave." 

The repudiation here enjoined, if such it is, was made a 
part of the Fourteenth Article of Amendment so as to pre- 
vent all future Congresses and State Legislatures from 
making any attempt to legalize any State or individual 
contracts, express or implied, assumed in the interest of 
the Confederate cause. 

Hundreds of millions of obligations of this character 
were contracted by the Southern Confederacy, and by 
several of the States that espoused the cause of opposition 
to the United States. 

This clause operates as a severe pecuniary penalty upon 
those who had such faith in the success of the insurrection 
as to induce them to invest their means in Confederate bills 
and bonds. It is also intended to operate as a premium for 
allegiance to the government and authority of the United 
States. It secures this end by exonerating debtors from all 
debts and obligations incurred in aid of the lost cause. 



164 CIVIL GOVERNMENT. 

No judicial tribunal, State or National, has power to 
render judgment in favor of parties seeking to enforce 
such demands. 

The Constitution says, " No religious test shall ever be 
•JX Religious required as a qualification to any office 
etnd Civil or public trust under the United States. " 
om ( ). ^^ ^Qj^gj-ggg shall make no law respecting 
an establishment of religion, or prohibiting the free exer- 
cise thereof.'^ 

In Paragraph (86) of the Constitution, Congress is ex- 
pressly forbidden to pass any law abridging the freedom of 
speech or of the press. 

But this does not exonerate from personal and pecuniary 
responsibility any person who may speak slanderous words, 
or publish libelous matter against the fair fame of another. 
The law holds every man strictly amenable for the abuse 
of this freedom of speech and of the press. If men will 
slander and libel others, the law says they must pay for it. 

In the same paragraph of the Constitution, Congress is 
forbidden to pass any law denying the right of the people 
peaceably to assemble and to petition the government for 
a redress of grievances. This is what is called the right of 
petition. 

The Constitution says, " A well-regulated militia being 
necessary to the security of a free State, the right of the 
people to keep and bear arms shall not be infringed." 

This paragraph of the Constitution refers to an organi- 
zation of the militia of the States. Fears have been 
expressed that the liberty of the people might be de- 
stroyed by the perverted power of a formidable standing 
army. The militia, that might be called out at any time on 
a month's notice, would outnumber, twenty to one, any 
standing army in time of peace that will ever be tolerated 
in the United States. 



PROHIBITIONS ON THE UNITED STATES. 1 65 



Questions. 

30. What are the clauses in the Constitution in reference to repu- 

diation ? 

31. What is the language of the Constitution enjoining repudiation ? 

32. Why is this repudiation enjoined ? 

33. What does the Constitution say about religious freedom ? 

34. What does the Constitution say about freedom of speech and 

of the press, and of the right of petition ? 

35. What does it say about the right to bear arms ? 

36. To what does this refer? 

37. What IS the utility of the militia system ? 



BLACKBOARD EXERCISE. 



Rights of States. 

I. Representation, 

1. House o (S) 

2. Senate ..... o . (5*) 
II. Privileges of Citizenship , . • ij^^t (^^) 

III. State Ai?iity (V/) 

IV. New States. 

1. By Dismemberment .... (76*) 

2. ^_y y unction ..... (7<^) 
V. Election . . . . . , • (15) 

VI. Militia. 

1. Militia Officers ..... (4-/) 

2. Training Militia . . . . (^i) 
VJI. Federal Protection. 

1. Government . . . . , (<S'6?) 

2. Invasion ...... (5^) 

3. Domestic Violence . ,0 . . (5*6^) 
Vtll. Fugitives. 

1. /r^;w justice . . , . . (76') 

2. 7^r^^ Service * . . . . (77) 
iX. Reservations, 

1. Rights enumerated .... (P^) 

2. Powers 7iot delegated, , « , (^5) 



166 



CHAPTER XV. 

LESSON XLIV. — RIGHTS OF STATES. 



The Constitution says, " The House of Representatives 
shall not exceed one for every thirty thousand, but each 
State shall have at least one representa- j nepresenta- 
tive." **<*»*• * 

This quotation from the Constitution is ' ^***^ ^' 
found in Paragraph (5). It is not here declared that there 
shall be one representative for every thirty thousand, but 
that the proportion shall not exceed that. The population 
of the United States has increased about twenty folcl since 
the adoption of the Constitution. It now numbers about 
one hundred millions. 

Were the proportion of representation in the House at 
the present time one for every thirty thousand, the number 
of representatives would be more than three thousand, — 
a body far too numerous for deliberative legislation. 

The ratio of representation adopted after the census of 
19 10 is one member for 211,877 persons (see p. 66). Dur- 
ing 1913-1923, the House will consist of four hundred 
and thirty-five members, besides those for any new States 
admitted after 19 13. As the population increases from 
decade to decade, the proportion of representation must 
be correspondingly reduced. 

It has often happened that some of the States have not 
had a population of sufficient number to give them the 
right to one representative, according to the principle of 
apportionment adopted by Congress ; but by the provisions 
of the Constitution each State has always been allowed at 

least one representative. 

167 



l68 CIVIL GOVERNMENT. 

The Constitution says, "The Senate of the United 
States shall be composed of two senators 
from each State. 

This is an unamendable clause of the Constitution. By 
reference to Paragraph (8i), it will be seen that no State 
can, without its consent, be deprived of its equal suffrage 
in the Senate. 

The number of representatives from any State depends 
on the population of that State. The larger States, there- 
fore, have a greater number than the smaller States. The 
smaller States vigorously opposed this in the convention 
that formed the Constitution. It was giving the larger 
States a great advantage in the House. But the opposi- 
tion M^as withdrawn on the larger States consenting to 
equality of suffrage in the Senate, and that this provision 
should be unalterable. This is a right of States not to be 
voted away by majorities, however large. 

Questions. 

1. What does the Constitution say about representation in the 

House? 

2. What has been the increase of the population of the United 

States ? 

3. What would be the number of representatives in Congress if 

we were now to have one for every thirty thousand inhab- 
itants ? 

4. Of how many members does the House of Representatives con- 

sist under its present organization? 

5. What is the present proportion of representation? 

6. How is the Senate composed? 

7. Why may not this be changed ? 

8. What compromise was made between the larger and smallei 

States ? 



RIGHTS OF STATES. 169 



LESSON XLV. — RIGHTS OF STATES, Continued. 

The Constitution says, " The citizens in each State 
shall be entitled to all the privileges and ^j p^^^n^ 
immunities of citizens of the several States." citizenship 

" All persons born or naturalized in the ^ ^*^* 

United States, and subject to the jurisdiction thereof, are 
citizens of the United States, and of the State wherein 
they reside." 

The purpose of these clauses is to create a general 
national citizenship. Perhaps it does not so properly 
come under the rights of States as the rights of citizens 
derived from the States. 

A person, being a citizen in one State of the Union, 
may remove to any other without prejudice to his social, 
pecuniary, or political rights in his new home. 

He may purchase, hold, convey, and inherit property, 
and enjoy all other rights arising from citizenship, the 
same as though he were born or naturalized in the State 
to which he migrates. 

The Constitution says, " Full faith and credit shall be 
given in each State to the acts, records, 
and judicial proceedings of every other ^lf*?^l) 
State." 

By this provision, the following rights are given to States 
ind individuals : — 

ist, A State has the right to demand of another State 
that its acts, records, and judicial proceedings shall be re- 
spected, and that full faith and credit shall be given to them. 

2d, Individuals may demand the same, when that de- 
mand is necessary to the vindication of their rights. 

3d, States on whom such demands are properly made 
are under obligations to heed and respect them. 



170 CIVIL GOVERNMENT. 

A judgment rendered by a court in the State of Massa- 
chusetts, for instance, would be conclusive in the State of 
New York, provided the courts of Massachusetts would 
hold it conclusive. 

The Constitution says, " No new State shall be formed 

or erected within the jurisdiction of any other State, 

nor any State be formed by the junction 

ir. New States. '' •' ; 

of two or more States, or parts of States, 
without the consent of the Legislatures of the States con- 
cerned." 

The first clause above — " No new State shall be formed 

or erected within the jurisdiction of any other State " — 

1. By Dismem- "was inserted by the Constitutional Conven- 

berment {78). tion, to quiet the fears of the larger States 
that their territories might be dismembered for the pur= 
pose of increasing the number of States. 

Notwithstanding this guaranty to States against dis- 
memberment, the State of Virginia was dismembered 
in 1863 ; and West Virginia, a part of the original State, 
was admitted into the Union as an independent State. 
But that was a revolutionary measure, growing out 
of the civil war, in which Virginia voted to secede 
from the Union, and enlisted in the cause of the Southern 
Confederacy (see Townsend's Analysis of Civil Gover?i- 
menf). 

No new State has ever been formed by the junction of 
two or more States. The second provision above — " nor 

2. By June- ^.ny State be formed by the junction of two 
tion {78). or more States, or parts of States, without 
the consent of the Legislatures of the States concerned *' — 
was inserted to quiet the fears of the smaller States that 
a junction of States might take place without their con- 
sent, and thus their sovereignty be destroyed. 



RIGHTS OF STATES. lyj 



Questions. 



g. What does the Constitution say about privileges of citizen. 
ship? 

10. What is the purpose of these clauses? 

11. What is the consequence of this national citizenship ? 

12. What is said of State amity ? 

t3. What authority does the provision give to States and individ- 
uals? 

14. What are the prohibitions in regard to new States ? 

15. What is the object of the first clause ? 

16. What is said about West Virginia ? 

I7j What is the object of the second provision ? 



LESSON XLVL — RIGHTS OF STATES, Continued. 

The Constitution says, *' The times, places, and manner 
of holding elections for senators and representatives shall 
be prescribed in each State by the Legis- 
lature thereof; but the Congress may at 
any time, by law, make or alter such regulations, except as 
to the places of choosing senators." 

This clause gives the regulation of the election of sena- 
tors and representatives primarily to the legislative author- 
ity of the several States. Should they fail to exercise it, 
however, or exercise it improperly, the interests of the 
country would justify the interposition of Congress. 

By the forty-first paragraph of the Constitution, Congress 
has power "to provide for organizing, arming, and disciplin- 
ing the militia, and for governing such part 
of them as may be employed m the service 
of the United States, reserving to the States respectively the 
appointment of the officers, and the authority of training 
the militia according to the discipline prescribed by Con- 
gress." 

Short Civ. Gov.— 12. 



172 CIVIL GOVERNMENT. 

As the National Government is to depend on the several 

States for the militia, it seems proper that the officers who 

are to train and discipline them should be 

1. Officers {41). . ^ 

appomted by the States. This arm or 
power of national security is in some sense a local police 
force, a means of State defense, for the proper organization 
and discipline of which the several States are responsible to 
the national authority. 

But, in order that there may be uniformity of organiza- 
tion and discipline, it is left with Congress to prescribe the 
mode. In case of an invasion by a for- 

2. Training (41). 

eign power, or a widespread rebellion, the 
militia of States distant from each other may be placed 
side by side in the same army. Hence the necessity of 
uniformity of discipline, and of its being under the direction 
of a single power^ instead of being distributed among the 
several States. 

The Constitution says, "The United States shall guaran- 
tee to every State in this Union a republican form of 
VII. Federal government, and shall protect each of them 
Protection. against invasion, and on application of the 
Legislature, or of the Executive (when the Legislature can- 
not be convened), against domestic violence." 

The United States is one great political family, and each 
1. Government State is a member of that family ; and each 
(80). member has the right of protection from 

invasion without, or insurrection within. 

This is one of those State rights that give assurance of 
the stability and solidity of the State governments, as well 
as the perpetuity of the Federal Union. 

The States have the right of Federal protection against 
foreign invasion. They cannot declare 

2. Invasion (SO). * . . 

war, nor even engage m it as States, un- 
less the danger is so imminent as not to admit of delay. 



RIGHTS OF STATES. 173 

For the surrender of this right, it is but reasonable that 
the National Government should pledge its power to de- 
fend them. 

Perhaps there is more danger of insurrectionary out- 
breaks under a republican form of government than under 
any other. Enjoying, as the people do, a 3, Domestic 
greater degree of freedom under this than Violence (SO). 
under other forms of government, that freedom is corre- 
spondingly more liable to be abused. 

Our history has in several instances demonstrated this 
liability. The national aid has been invoked, and Federal 
rehef has been afforded to the States, in several cases since 
the formation of our government. 

Questions. 

18. What does the Constitution say about elections for senators 

and representatives? 

19. What is the order in which this power is conferred? 

20. What rights are reserved to the several States in regard to the 

militia ? 

21. Why is this reservation proper? 

22. Who prescribes the mode of discipline, and why ? 

23. What does the Constitution say in relation to Federal pro- 

tection? 

24. Of what does this give assurance ? 

25. How are the States restricted as to war ? 

26. What pledge from the National Government have the States 

for the surrender of this right? 

27. What is said about danger of insurrection under a republican 

form of government? 

28. What has the history of the United States demonstrated as to 

this danger ? 



174 CIVIL GOVERNMENT, 



LESSON XLVIL — RIGHTS OF STATES, Continued. 

The Constitution says, " A person charged in any State 
with treason, felony, or other crime, who shall flee from 
VIII. Fuijitives. justice, and be found in another State, 
1. From Justice shall, On demand of the executive authority 
^^^^' of the State from which he fled, be deliv- 

ered up to be removed to the State having jurisdiction of 
the crime." 

Provisions have been made by Congress to enforce the 
foregoing paragraph. An act was passed Feb. 12, 1793, 
by which, 

ist. The Executive of the State in which the crime is 
committed must make demand for the return of the crim- 
inal on the Executive of the State to which the criminal 
has fledc 

2d, The demand must be accompanied by a copy of 
the indictment against the criminal ; or, 

^6.^ By an affidavit mMe before a magistrate charging 
the person demanded with having committed the crime, 
and having fled from justice. 

4th, The copy of the indictment, or the affidavit, must 
be certified by the governor or chief magistrate making 
the demand, to be authentic. 

5 th, When this is done, it is the duty of the Executive 
of the State to which the person has fled to cause the 
accused to be arrested and secured. 

6th, It is the duty of the Executive causing the arrest 
to give notice thereof to the Executive making the de- 
mand, or to his agent. 

7th, Following these proceedings, the person charged 
with the crime is delivered over for trial to the State au' 
thorities from which he fled. 



RIGHTS OF STATESo I75 

The Constitution says, " No person held to service or 
labor in one State, under the laws thereof, escaping into 
another, shall, in consequence of any law 2. From Service 
or regulation therein, be discharged from C^^)- 

such service or labor, but shall be delivered up on claim 
of the party to whom such service or labor may be due." 

This paragraph refers to slaves exclusively. Acts of 
Congress have been passed and amended to enforce this 
provision. But they were all repealed in 1864; the next 
year after which, slavery was abolished in this country. 
This provision of the Constitution, therefore, is now super- 
seded. 

The Constitution says, " The enumeration in the Con- 
stitution of certain rights shall not be construed to deny 
or disparage others retained by the people." j^^ Reservations. 

In several paragraphs of the Constitution ^- Mtgnts enu- 

^ • ' ^ , , ^ 1 merateil (94). 

certam rights are enumerated as reserved 
to the States ; and, but for the foregoing provision, it 
might possibly be inferred that all rights were surrendered 
by the States to the General Government except those 
included in such reservations. This amendment was 
adopted for the purpose of guarding against such possible 
construction. All such rights are reserved to the States as 
are not expressly, or by necessary implication, taken away. 

The Constitution says, "The powers not delegated to 
the United States by the Constitution, nor prohibited by it 
to the States, are reserved to the States g. Powers not 
respectively, or to the people," delegated {95). 

Cases of doubtful authority may arise between a State 
and the United States. This amendment to the Constitu- 
tion furnishes a rule of interpretation in such cases. 

The powers of the National Government are limited, 
being conferred by the people of the several States, and 
enumerated in the Constitution as far as practicable. Of 



170 CIVIL GOVERNMENT. 

course, all the means necessary to carry into execution the 
spirit of the Constitution are not, and could not be, ex- 
pressly named. 

For instance : the power to regulate commerce is ex- 
pressly given to Congress ; and, while some of the means 
to carry this power into effect are enumerated, they are 
not all specified. Nor is this necessary, for a power con- 
ferred always implies the right to adopt the requisite means 
to make that power effective. 

Questions. 

29. What does the Constitution say about fugitives from just-'f^e? 

30. What steps must be taken to secure the return of fugitives 

from justice ? 

31. What is said about the return of fugitives from service? 

32. What does the Constitution say of the enumeration of certain 

rights therein ? 
33„ What is the object of this provision ? 

34. What rights are reserved to the States? 

35. What is said in the Constitution of powers not delegated? 

36. What rule does this furnish? 

37. What is said of the national powers? 

38. What is said about powers, and means for carrying them into 

execution, being expressed ? 

39. What instance is given as an illustration? 

40. What does a power conferred imply ? 



BLACKBOARD EXERCISE. 



State Subordination, 

I. State Obligations. 

1. United States Constitution , . , (85) 

2. Amendments (8T) 

II. Supremacy of United States Authority . . {8S) 

III. Official Oath. 

1. State Legislators . . . , . (gJj) 

2. State Executives {8Ji) 

3. State jfudicial Officers . , , o {SJ^) 



CHAPTER XVI. 

LESSON XLVIIL — STATE SUBORDINATION. 



The Constitution says, " The ratification of the conven- 

tions of nine States shall be sufficient for the establishment 

of this Constitution between the States so 

I. state Obli- ... , ,, 

gations. ratifying the same. 

1. United States The Origin of the obligations of the 
ConstitutioniSS). ^^^^^^ ^^ ^^^ ^^^^^^^ Government is 

founded in their assent to the Constitution of the United 
States. Before ratifying the Constitution, the States were 
at liberty to make their choice : they could come into 
the Union or stay out. Should they refuse their assent to 
the terms of national association, they would each be an 
independent poHtical division, having all the attributes and 
prerogatives of sovereign States. But, having accepted 
the terms of union, they became subordinate to the national 
authority. 

In the eighty-first paragraph the Constitution provides 
for its own amendment. When an amendment is regularly 

2. Amend' made, being ratified by the Conventions or 

ments (81). Legislatures of three fourths of the several 
States, it must be obeyed by all the States, as, to all 
intents and purposes, a part of the Constitution. It is 
equally binding on the States that do not ratify it and on 
those who do give it their sanction ; for, by coming into 
the Union, they solemnly agreed to the terms on which 
this Great Charter might be amended. 

The Constitution says^ " This Constitution, and the laws 

118 



STATE SUBORDINATION. 1 79 

of the United States which shall be made in pursuance 
thereof, and all treaties made, or which jj supremacy 
shall be made, under the authority of the of United states 
United States, shall be the supreme law " ***** ^ ^ 
of the land ; and the judges in every State shall be bound 
thereby, anything in the Constitution or laws of any State 
to the contrary notwithstanding." 

The above is a solemn declaration of the binding and 
supreme authority over all State authority, — 

1. Of the Constitution of the United States. 

2. Of all laws made in pursuance of it. 

3. Of all treaties made under it. 

4. Furthermore, in case of collision by authority between 
the United States, acting constitutionally, and any particu- 
lar State, the former is supreme. The judges of every 
State are bound to so interpret the law. Were State 
authority supreme, the National Government would be 
characterized by weakness and imbecility. 

The Constitution says^ " The senators and representa- 
tives before mentioned, and the members of the several 
State Legislatures, and all executives and jjj. official 
judicial officers, both of the United States oath{84). 
and of the several States, shall be bound by oath or affir- 
mation to support this Constitution." 

We see by this passage that not only senators and 
representatives in Congress, and all executive and judicial 
officers of the United States, must be bound by oath or 
affirmation to support the Constitution, but that all 
members of the several State Legislatures, and all State 
executive and judicial officers, are required to assume the 
same obligation. 

This is but a reasonable requirement, because the mem- 
bers and officers of the State governments have an essential 
agency in giving effect to the Federal Constitution. 



l8o CIVIL GOVERNMENT. 

The election of the President of the United States and 
senators in Congress will depend in all cases on the Legis- 
latures of the several States. 

In many cases the election of the House of Representa- 
tives may be effected by their agency. 

The judges of the State courts will frequently be called 
upon to decide upon the Constitution and laws and treaties 
of the United States, and upon rights and claims growing 
out of them. Decisions ought to be uniform, as far as 
possible ; and uniformity of obligation will greatly tend to 
such a result. 

The executive authority of the several States may be 
often called upon to exert powers or allow rights given by 
the Constitution, as in filling vacancies in the Senate 
during the recess of the Legislature, in issuing writs of 
election to fill vacancies in the House of Representatives, 
in appointing officers of the militia, and in the surrender 
of fugitives from justice. 

Questions. 

1. Of how many States was assent to the Constitution required, 

to form the Union ? 

2. What is the origin of the State obligation to the Federal Union ? 

3. Had they not ratified the Constitution, what would have been 

the condition of the States ? 

4. What was the result of their acceptance ? 

5. What provision does the Constitution make for its own amend- 

ment ? 

6. On whom are the amendments binding? 

7. What passage in the Constitution establishes the supremacy 

of the United States authority? 

8. What would be the result if State authority were supreme ? 

9. What does the Constitution say about official oaths ? 

10. Why is the requirement reasonable as to State officers ? 

11. What depends on the Legislatures of the several States? 

12. What may be the duties of the State judges ? 

13. What duties belong to State executives ? 



BLACKBOARD EXERCISE. 



State Prohibitions. 

I. State Relations {52) {5J^ 

1 1 . Commercial. 

1. Coining Money .0,0. (52) 

2. Bills of Credit .... (52) 

3. Tender (52) 

4. Contract Obligations . . , (52) 

III. fF^r ....... (52) (5i) 

IV, Pe7ialties^ 

1. Bill of Attainder . . , , (.5»^) 

2. Ex post facto Law . , , . (^^) 
V. Nobility ....... (5^) 

VI. Duties. 

1. Imports and Exports , e e (^5) 

2. Tonnage . . , * « e (^^) 



CHAPTER XVII. 

LESSON XLIX. —STATE PROHIBITIONS. 



The Constitution says, " No State shall enter into any 

Z. state Mela- treaty, alliance, or confederation." 
tions {52) {54). gy ^^^ fifty-fourth paragraph of the Con- 
stitution, States are forbidden to enter into any agreement 
or compact with another State or with any foreign power. 

The Constitution intends to confer the whole treaty- 
making power upon the General Government. It would 
not be safe to allow the States even to treat with each 
other. Were this permitted, two or more States might 
enter into a compact, not only quite adverse to the inter- 
ests of neighboring States, but also to the interests of the 
Federal Union. 

Were the States at liberty to treat with foreign powers 
or neighboring States, they might enter into such arrange- 
ments as would interfere with those made by the General 
Government at home and abroad. 

If the States were permitted to enter into treaties with 
foreign powers, the authority of the General Government 
on the same matter would be at an end. 

Foreign powers might secure an advantage over all the 
States by securing the favor of one State. 

By the fifty-second paragraph of the Constitution, States 

are prohibited from exercising any of the 
II. Commercial. . ,, . 

followmg commercial powers : — ■ 

182 



STATE PROHIBITIONS, 1 83 

1. To coin money. 

2. To emit bills of credit. 

3. To make anything but gold and silver coin a tender 
in payment of debts. 

4. To pass any law impairing the obligation of con- 
tracts. 

The power to coin money is confided to the General 
Government. Were the States invested with it, the effect 
would be to multiply expensive mints, and ^^ coining 
diversify the forms and weights of the cir- Money (52). 
culating coins. This would destroy all hope of uniformity 
of currency, and would seriously cripple and embarrass the 
interests of commerce. 

The bills of credit as here referred to, and which States 
are forbidden to emit, are engagements to pay mcney. At 
the close of the revolutionary war, and for g, bhis of 
some years afterwards, the whole country Credit (52). 
was flooded with a nearly worthless paper currency. It 
was issued under the direction of Congress, but it was 
expected that each State would redeem its proper propor- 
tion ; but they did not do this, and it became utterly worth- 
less as a medium of exchange. It is known in history as 
the "Continental currency." It amounted in the aggre- 
gate to over three hundred and fifty millions. 

The States themselves had also, on their own account, 
largely issued similar bills of credit. At last it was hardly 
worth a penny on a dollar. 

This was the experience that led the authors of the 
Constitution to insert this clause. 

The States are also forbidden to pass any laws making 

anything but gold and silver coin a tender in payment of 

debts. This prohibition has the same gen- „ „ ^ ,^„, 
^ . ° 5. Tender {62). 

eral object in view as the preceding clauses. 

It is intended to give uniformity and stability to the currency 



1 84 CIVIL GOVERNMENT. 

of the country^ and to establish confidence in commercial 
transactions. 

Though the States cannot make anything but gold and 
silver a legal tender, this prohibition does not apply to the 
General Government. A large part of the present paper 
currency is made legal tender by a law of Congress, 
passed early in 1862. But this is a national medium of 
exchange, and the law authorizing its issue has been de- 
clared by the Supreme Court of the United States to be 
constitutional. 

Questions. 

le On whom does the Constitution intend to confer the treaty- 
making power? 

2. Why would it not be safe to allow the States to treat with each 

other? 

3. Why not with foreign powers ? 

4. What commercial powers are the States prohibited from exer- 

cising ? 

5. What would be the effect if the States were allowed to coin 

money ? 

6. What are bills of credit? 

7. What is said about paper money at the close of the revolu- 

tionary war ? 

8. What was expected of the States with respect to this paper 

currency? 

9. What was the result of their not doing this ? 
ID. What was the amount of Continental currency? 
iio How far did it finally depreciate in value? 

i2o What are the restrictions on the States about money as a ten- 
der in payment of debts ? 

13. What is the object of this provision ? 

14. What is said about our present paper currency? 

15. What decision has the Supreme Court given on this? 



STATE PROHIBITIONS. 185 



LESSON L. — STATE PROHIBITIONS, Continued, 

By the fifty-second paragraph, States are forbidden to 
grant letters of marque and reprisal ; and by the fifty-fourth 
they are forbidden to keep troops or ships 

^ -^ . . ^ ., , ^ III. War {52) {54) 

01 war in time oi peace without the consent 

of Congress, or engage in war unless actually invaded or 

in such imminent danger as will not admit of delay. 

These citations from the Constitution embrace all the 
restrictions imposed on the States in reference to making 
war. The power of making war and of making treaties of 
peace belongs exclusively to the General Government. 

A State may be so situated that it may become indis- 
pensable to possess military forces to resist an expected 
invasion or insurrection. The danger may be too immi- 
nent to admit of delay ; and under such circumstances a 
State would have a right to raise troops for its own safety, 
even without the consent of Congress. 

By the fifty-second paragraph of the Constitution, States 
are forbidden to pass any bill of attainder or ex post facto 
law. These are explained in the chapter 

^ ^ IV. Penalties {52). 

"Prohibitions on the United States. 

Bills of attainder and ex po*st facto laws are contrary to 
the first principles of the social compact and of every 
principle of sound legislation. Congress is forbidden to 
pass them, as we have seen ; and for the same, if not for 
stronger reasons, the prohibition is extended to the States. 

By the same paragraph, the States are forbidden to 
grant any title of nobility. We have seen in another 
place that the United States are under the 

^ . . . F. NoMlity {52). 

same prohibition. 

Besides the royal family in England, there are five orders 
of nobility^ — dukes, marquises, earls, viscounts, and barons. 



l86 CIVIL GOVERNMENT, 

These are all included under the general term " lords '' or 
"peers." These titles descend to the heirs. 

It would be absurd to provide against the exercise of 
this power by the General Government, and yet leave the 
States at liberty to exercise it. 

The Constitution says, " No State shall, without the con- 
sent of the Congress, lay any imposts or duties on imports 
. or exports, except what may be absolutely 

1. Imports and ncccssary for executing its inspection laws j 
Exports {53). ^^^ ^j^^ ^^^ produce of all duties and im~ 

posts, laid by any State on imports or exports, shall be 
for the use of the treasury of the United States." 

The restraint on the power of the States over imports 
and exports is enforced by all the arguments which prove 
the necessity of submitting the regulation of commerce to 
the Federal councils. Imposts and duties were explained 
in treating of the "Powers of Congress." 

Inspection laws are not, strictly speaking, regulations of 
commerce. Their object is to improve the quality of arti- 
cles produced by the labor of the country, and to fit them 
for exportation or for domestic use. These laws act upon 
the subject before it becomes an article of commerce. 

States are also forbidden to lay any duty of tonnage 
without the consent of Congress. 

Tonnage duty is a tax or duty laid on ships or ves- 
sels in proportion to their cubical con- 

2. Tonnage . ^^^^^ expressed in tons. A ton, expressed 

by measure, is forty-two cubic feet. 

In reference to the subject of duties generally, it was the 
intention of the authors of the Constitution to place it en- 
tirely under the supervision and control of Congress. 



STATE PROHIBITIONS. 187 



Questions. 

160 What are the restrictions on the States in the fifty-second, 
fifty-third, and fifty-fourth paragraphs ? 

17. To whom does the war and treaty making power belong? 

18. When may a State raise troops without the consent of Con^ 

gress ? 

19. What is said of bills of attainder and ex post facto laws? 

20. What is said about titles of nobility? 

21. How many and what are the titles of nobility in England ? 

22. By what other general names are they known ? 

23. What are the restrictions on the States about imports and ex- 

ports ? 

24. What is the object of inspection laws? 

25. What is said about the duty of tonnage? 

26. What is a ton in measure? 



3bort. Olv. €tov.--I3 



BLACKBOARD EXERCISE. 



Personal Rights 



I„ Domicile. 

1. In Peace 

2. In War .... 

II. Searches and Seizures . , 

III. Judicial. 

1. Indict7nent , 

2. Second Trial . 

3. Life^ Liberty, and Property 

4. Private J*roperty 

IV. Criminal Actions. 

1. Accusation 

2. y^/rF Trial . 

3. Witnesses 

4. Counsel . . . 

5. ^«// .... 

6. -^/;^^J . . . • • 

7. Punishments , . . 
Y. C/W Actions. 

1. y^/rj/ Tr/V?/ 

2. Second Trial o • 
VI. Treason. 

1. What is Treason 

2. Conviction for Treason 



(88) 
(59) 

(90) 
• (SO) 

(90) 
.{90) 



• (9-?) 

(90) (9i) 

. (9i) 

, (95) 

• W 

. {92) 

• (»«) 

. (7«) 



CHAPTER XVIII. 

LESSON LI. — PERSONAL RIGHTS. 



The Constitution says, " No soldier shall, in time of 
peace, be quartered in any house without 

, r 1 . . J. I>omicile. 

the consent of the owner ; nor in time 

of war but in a manner to be prescribed by law." 

The place most sacred to every citizen is that one which 
he calls his home. The enjoyment of it, uninterrupted, is 
among the most sacred of personal ris^hts. 

, . , . . ^ i.In Peace {88). 

Arbitrary rulers, even m time of peace, are 

prone to trespass on this right, and in the very mode here 

forbidden. 

A man's house is his castle, and in every land of law 
and order it is the owner's right that it should be pro- 
tected. 

But the necessities of war may sometimes require the 
sacrifice of private property and individual rights for the 
public good. In such cases, under our 

. . ^ 2. In War (88). 

Constitution, just compensation must be 
made for the sacrifice of private property. In time of war 
it may become a public necessity not only to quarter 
troops in private houses, but to convert churches, court- 
houses, and other public buildings, into barracks and hos- 
pitals 

But invasion of private property must, under our gov- 
ernment, be strictly according to law. This would not 
be regarded as an encroachment, however, by any patriotic 

1189 



I go CIVIL GOVERNMENT. 

or reasonable man, but rather as cause for gratitude to 
his country. 

The Constitution says, "The right of the people to be 

secure in their persons, houses, papers, and effects, against 

jj. Searches antf unreasonable searches and seizures, shall 

Seizures (89). not be violated j and no warrants shall 
issue but upon probable cause, supported by oath or affir- 
mation, and particularly describing the place to be searched, 
and the persons or things to be seized." 

This provision requires no explanation. It is an affirm- 
ance of a well-known principle of common law, recognized 
for ages. But it had been so frequently and so shamefully 
violated by despotic rulers for centuries, that our fathers 
thought it prudent to incorporate it among the earlier 
amendments to the Constitution. 

Questions. 

I. What does the Constitution say about quartering soldiers in 

private houses ? 
3. What is said about the personal rights of a citizen in reference 

to his home, and what about arbitrary rulers? 

3. What do the necessities of war sometimes require for the pub- 

lic good ? 

4. What is said about compensation for the sacrifice of private 

property? 

5. What is said in relation to unreasonable searches and seiz- 

ures? 

6. What does the Constitution say are the conditions necessary to 

the issue of warrants ? 

7. What is said of this provision ? 



PERSONAL RIGHTS. 191 



LESSON LII. — PERSONAL RIGHTS, Continued. 

The Constitution says, "No person shall be held to 
answer for a capital or otherwise infamous crime, unless on 
apresentment or indictment of a grand jury, ^ w • i 

except in cases arising in the land or naval 
forces, or in the militia, when in actual service, in time of 
war or public danger ; nor shall any person be subject, for 
the same offense, to be twice put in jeopardy of life or 
limb ; nor shall be compelled, in any criminal case, to be 
a witness against himself; nor be deprived of life, liberty, 
or property, without due process of law ; nor shall private 
property be taken for public use, without just compensa- 
tion." 

A capital crime is one that subjects the offender to the 
penalty of death. i. indictment 

An infamous crime is one that exposes (^^)- 

the criminal to the abhorrence and detestation of mankind, 
and to ignominious punishment more or less severe. 

An indictment is a written accusation or a formal charge 
made against a person for the commission of a crime, and 
is made by a grand jury on oath. 

A grand jury generally consists of twenty-three men. It 
requires a majority to find an indictment. They sit under 
the direction of court with closed doors, and are sworn to 
secrecy in regard to their proceedings. The prosecuting 
attorney, being the law officer for the State, draws up the 
indictment according to the forms of law. The foreman 
of the grand jury indorses on it the words, " A true bill," 
and signs his name under the indorsement. This must be 
done before the accused can be put on his trial. 

Crimes committed in the army or navy, or in the militia, 
when in actual service in time of war or public danger, 



192 CIVIL GOVERNMENT. 

are tried by court-martial or by military commission, 
without going through with the formalities of an indict- 
ment. 

The Constitution says, " Nor shall any person be sub- 
2. Second Trial ject, for the same offense, to be twice put 
(90), in jeopardy of life or limb." This refers 

to second trials for the same crime. 

By the authority of this clause, no person having been 
once tried for a crime, whether found guilty or not guilty, 
if the jury agree or a verdict at all, can be put on his trial 
a second time for the same offense. But this statement 
must be taken with the qualification that the accused does 
not himself apply for a new trial. 

The Constitution says, " Nor be deprived of life, liberty, 

3. Life, Liberty, o^ property, without due process of law." 
and Property The first object of human government is 

protection of the citizen. This clause is 
inserted for the purpose of giving assurance that life, lib- 
erty, and property shall be held sacred in the eye of the 
law, and that the citizen shall not be deprived of either ex- 
cept through all the forms and substance of the regular 
administration of justice. 

On the other hand, the public good, which is paramount 
to private interest, often requires the appropriation of pri- 

4, Private Prop- vatc property for the ends of government, 

erty (90). or for the greater good of the greater num- 
ber. Where the public interests require it, private property 
may be taken by rendering a just compensation to the owner 
of the same. 

What is just compensation in such cases is to be ascer- 
tained by such process of investigation as shall be fixed by 
law. It may be necessary to project a railroad, a military 
road, or to construct a canal ; or it may become necessary 
to appropriate private property for the support of an army. 



PERSONAL RIGHTS. 193 

This may be done by authority of law, but not without just 
compensation to the owner of the property. 

Questions. 

8„ Will you recite the Fifth Article of Amendment to the Consti- 
tution? 

g. What is a capital, and what an infamous, crime? 

10. What is an indictment? 

11. What is a grand jury ? 

12. What is said about their proceedings? 

13. What is said about the trial of crimes committed in the army, 

navy, and militia? 

14. What is said about second trials ? 

15. What is the first object of government? 

16. Why is this clause in regard to life, liberty, etc,, inserted in 

the Constitution? 

17. What does the public good often require? 

180 What is said about compensation for private property? 



LESSON LIIL — PERSONAL RIGHTS, Continued, 

The Constitution says, " In all criminal prosecutions, the 
accused shall enjoy the right to a speedy and public trial 
by an impartial jury of the State and dis- ^^ crintinni 
trict wherein the crime shall have been Actions. 
committed, which district shall have been i- Accusation 
previously ascertained by law, and to be 
informed of the nature and cause of the accusation, to be 
confronted with the witnesses against him, to have com- 
pulsory process for obtaining witnesses in his favor, and to 
have the assistance of counsel for his defense." 

We have here an outline of the rights of a party on 
trial for a criminal offense. In the first place, he is to 
be informed of the nature and cause of the accusation 



194 CIVIL GOVERNMENT. 

against him. This appears in the indictment, which is a 
written accusation made by the grand jury, on oath, at 
the suit of the government. 

The indictment must charge the time, place, and nature 
and circumstances of the offense with clearness and cer- 
tainty ; giving the accused full and definite notice of the 
charge, so that he may make his defense with all reason- 
able knowledge, and to the best of his ability. 

The trial is by jury. This is a petit jury, consisting of 

twelve good and lawful men, against whom, and each of 

whom, no valid and lesral obiection can be 

2. Jury Trial {91). . , 

raised. This jury must be impartial ; that 
is, it must be constituted of persons who have not already 
made up their minds on the guilt or innocence of the 
party accused. 

The jury shall be selected from the State and district 
in which the crime shall have been committed ; and the 
district shall have been previously ascertained, that is, 
determined by law. The selection of the jury from the 
State and district in which the crime is committed is 
supposed to secure fairness and impartiality on the trial. 

By our Constitution, a man cannot be compelled to tes- 
tify against himself; and this is in affirmance of a well- 

3. Witnesses Settled principle of common law. 
(90) (91). jt ig Yirell known that in some countries 

criminals are not only compelled to give evidence against 
themselves, but are subjected to the rack or torture in order 
to procure a confession of guilt, presuming that innocence 
would vindicate itself by a stout resistance, or that guilt 
would make open confession. 

The accused has the right to compulsory process for 
obtaining witnesses in his favor. This is to secure impar- 
tiality of trial, and to give a fair opportunity of defense. 
This shall be done, if need be, at the expense of the gov- 



PERSONAL RIGHTS. 1 95 

emment itself, though carrying on the prosecution against 
him. 

Not far back in English history, the prisoner at the bar 
was denied the privilege of calling witnesses to testify 
in his favor; but our Constitution makes wise provision 
against the possibility of such gross injustice. 

The accused shall also have the assistance of counsel 
for his defense. This means that he shall have a lawyer 
to assist him at the bar, to guard his rights, 

' ° ^ / 4. Counsel (91)<, 

to defend him, to see that he has a fair 

trial, and to see also that no injustice is done him. 

If he is unable to employ counsel of his own selection, 
it is the duty of the court to appoint one or more for that 
purpose at the expense of the government : so careful is 
the law in this country of the rights of every American 
citizen. 

Excessive bail shall not be required. Bail here means 
a bond of surety in a sum of money signed by some re- 
sponsible person or persons, promising that 
the accused shall appear and stand his 
trial in court when called for, or, if he does not, that the 
sum of money named in the bond shall be paid. On fur- 
nishing such a bond, the person is at liberty to go at large 
until the day of trial. If no such bond be furnished, the 
accused will be shut up in jail, that his body may be held 
securely till the time of trial. 

Except in cases where the accused is charged with 
crime punishable by death, and a few others, he has a right 
to be discharged from custody, on giving the bail required 
by the court. 

This bail must not be excessive, but reasonable m. 
amount. But for this humane provision in our Constitu- 
tion, it might be required in a sum so large that a person 
of ordinary means would be unable to procure it. Should 



I9& CIVIL GOVERNMENT. 

a magistrate, under our Constitution, see fit to be thus 
cruel, the prisoner can obtain relief under the forms of 
law. 

Excessive fines are forbidden. A fine is a pecuniary 
penalty imposed by a court upon a per- 

6. Fines (93). r . . \ rr 

son for a criminal offense, or transgres- 
sion of the lawo 

Nor shall cruel and unusual punishments be inflictedc 
This needs no comment, except the remark that history 
7. Punish- shows that despots in the dark ages taxed 
fnents (93). their fiendish ingenuity to invent punish- 
ments the most horrid, cruel, and revolting; and this 
prohibition is for the purpose of avoiding all possibility of 
a repetition of such cruelties in this country, 

\ 
Questions. 

19. Will you recite the Sixth Article of Amendment? 

20. Of what is this an outline ? 

21. What must the indictment charge ? 

22. What is a petit jury ? 

23. What is said about their being impartial ? 

24. Where is the jury to be selected ? 

25. What is required of witnesses in some countries? 

26. To what has the accused a right ? 

27. What is the object of this ? 

28. Of what have prisoners in England been denied? 

29 What is said about the assistance of counsel ? 

30 What is bail, and what is said about it ? 

31 In what cases may the prisoner give bail ? 

32. Why should not the bail be excessive ? 

33. What is said about fines? 

34. What is a fine ? 

35. What is said about punishments ? 

36. What is the object of this provision of the Constitution r 



PERSONAL RIGHTSo I97 



LESSON LIV. — PERSONAL RIGHTS, Continued. 

The Constitution says, " In suits at common law, where 
the value in controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved ; and ,. ., , . 
no fact, tried by a jury, shall be otherwise 
reexamined in any court of the United States than accord- 
ing to the rules of the common law." 

Trial by jury has long been considered a sacred right 
even in civil controversies. In England 

; 1. Jury Trial (92). 

this right was first recognized in the time 

of Alfred the Great, who established the proceeding in the 

ninth century. That noble ruler died in 901. 

The above amendment to the Constitution was early 
adopted to allay the fears of some of its opposers that 
that instrument substantially abolished the right of jury 
in civil cases. These fears were grounded in the fact that 
this right was expressly secured therein in criminal cases. 

The language of the amendment applies only to cases 
in the common-law courts, not to courts of admiralty and 
maritime jurisdiction, nor to cases of equity, in which the 
courts determine both the law and the fact. 

If the matter in controversy be less than twenty dollars, 
a jury trial cannot be claimed, being a matter of too little 
importance to warrant the expense of a jury trial. 

When a matter in controversy has once been judicially 
settled by a competent court, that adjudication is a bar to 
any further judicial examination or pro- 2. second 
ceedings, except according to the forms ^^"' ^^^^* 
and usages of the common law. There must be an end 
somewhere to human controversy, and that end must be 
determined by legal principles and usage. 

The rules of common law here spoken of, under which 



198 CIVIL GOVERNMENT. 

matters of fact may be reexamined, refer to a continuation 
of the investigation by a successful motion for a new trial, 
on cause shown, or by writ of error, or by an appeal to 
another and higher tribunal. The parties have the right to 
exhaust all legal remedies before the controversy is to be 
considered as judicially settled ; but these remedies must 
be pursued according to common-law usage. 

Questions. 

37. What is the Seventh Article of Amendment? 

38. How is trial by jury considered ? 

39. By whom and when was jury trial established in England ? 

40. Why was this amendment to our Constitution adopted? 

41. To what courts does it apply, and to what does it not ? 

42. In what cases may jury trial be claimed? 

43. What is said about second trial ? 

44. To what do the rules of common law refer ? 



LESSON LV. — PERSONAL RIGHTS, Continued. 

The Constitution says, "Treason against the United 

Yi. Treason. States shall consist only in levying war 
1, What is it? against them, or in adhering to their ene- 
^^^^ mies, giving them aid and comfort." 

There are but two ways that treason can be committed 
against the United States, and these are defined with such 
precision as to leave no room for cavil or doubt. Levying 
war against the United States, or adhering to their enemies, 
giving them aid and comfort, is treason. 

Very early in our history the Supreme Court of the 
United States had occasion to define what is to be under- 
stood by the phrase "■ levying war," On that occasion the 
court said, " However flagitious may be the crime of con- 



PERSONAL RIGHTS. 199 

spiring to subvert by force the government of our country, 
such conspiracy is not treason." 

To conspire to levy war, and actually to levy war, are 
distinct offenses. The second (levying war) must be 
brought into open action by the assemblage of men for a 
purpose treasonable in itself, or the fact of levying war can- 
not have been committed. 

The Constitution says, " No person shall be convicted of 
treason, unless on the testimony of two wit- 2. conviction 
nesses to the same overt act, or on con- /«»• ^'•^«*«- ^^^)- 
fession in open court." 

The Constitution is humane to the accused in requiring 
the strictest proof for the establishment of his guilt. There 
must be two witnesses, at least, to the same overt act, un- 
less the prisoner make confession in open court. Confes- 
sions out of court, though testified to by any number of 
witnesses, are not sufficient. 

There must, as there should, be a concurrence of two 
witnesses to the same overt act, that is, open act of treason, 
who are above all reasonable exception. 

Questions. 

45. What is treason against the United States? 

46. In how many ways can treason be committed ? 

47. What decision has the Supreme Court given on the subject of 

" levying war" ? 

48. What is necessary for a conviction of treason ? 



BLACKBOARD EXERCISE. 



Executive, 



I. In whom vested . . . . . • (55) 

II. Executive Term (55) 

III. Eligibility, 

1. Citizenship . . • , . • (59) 

2. Age . . . o , . . (59) 

3. Residence o (59) 

IV, How elected. 

1. Electors, 

(a) Appointment . . , , . (5^) 

(b) Number ..... (5^) 

(c) Proceedings. 

ist, Meeting o . . . (57) 

2d, Voting (51) 

2,d, Making Lists . » . (57) 

j\th, Signing -and certifying Lists , (57) 

^ih, Transmitting Lists . . (57) 

6th, Directing Lists . . . (57) 

(d) In Congress. 

ist, yoint Meeting . . . (57) 

2d, Opening Certificates . , (57) 

3^, Counting Votes . • . (57) 

2. House of Representatives. 

(a) Quorum . . o . ^ (57) 

(b) Eligibility . . . • . (^7) 

(c) Voting, o . . , . (57) 
V. (9^//5 of Office .... = . (/5^) 

VI. How removable (^7) 

VII. Salary ...00,. (6i) 
200 



EXECUTIVE. 



20I 



I. 



2. 



VIII. Powers and Duties, 
Military. 

(a) Army and Navy 

(b) Militia 
Civil. 

(a) Departme7its 

(b) Reprieves and Pardons 

(c) Treaties 

(d) Appointments . 
1st J General. 

(a) Diplomatic 

(b) jfudicial 

(c) Others . 
2d, Special 

(e) Messages 

(f) Congress, 
ist, Convocation . 
2^, Adjournment 
id, Veto 

(g) Reception , 
(h) Executor of the Laws , 
(i) Commissions 



^ (63) 
, (63) 

, (63) 
(63) 



. (64) 

. (^^) 

. (66) 

. (66) 

. (66) 

{^Jf} (25) 

. (66) 



CHAPTER XIX. 

LESSON LVI. — EXECUTIVE. 



The Constitution says, "The executive power shall be 
I. Ih tehom vested in a President of the United States 
«Mfed (Jo). of America. " 

Under the Confederation, there was no such officer as a 
President of the United States. There was an Executive 
Committee of thirteen, one from each State, having no 
power except during the recess of Congress. Congress 
possessed the executive power while in session. 

Energy in the Executive is one indispensable character- 
istic in the definition of good government, for the duty 
of this department is to see that the laws are faithfully 
and promptly executed. A feeble Executive implies a 
feeble execution of the government. A feeble execution 
is but another phrase for a bad execution ; and a govern- 
ment ill executed, whatever it may be in theory, must be 
a bad government in practice. 

The convention that formed the Constitution deliberated 
some time on the question whether to place the executive 
power in the hands of one or of several individuals. It 
was believed by all that, in the hands of one, the executive 
power would be more prompt and energetic ; and this view 
settled the question. It is supposed to give a stronger 

sense ©f personal responsibility. 

ioi 



EXECUTIVE. 203 

The Constitution says, " He shall hold his office during 
the term of four years." 11. Executive 

In the Constitutional Convention the ^^''"* ^■^'^■'• 
period for which the Executive should be elected was a 
subject on which there was much debate and difference of 
opinion. 

The several periods of one, two, three, four, six, and ten 
years, each had its advocates ; and some members were 
in favor of an Executive for life^. or during good behavior. 
Four years, the term finally adopted, was the result of 
compromise. 

The Executive term should not be so short as to give 
no opportunit}^ to test the utility of its measures ; nor, on 
the other hand, should it be so long as to allow a corrupt 
and obstinate Executive to afflict the countr}^ with perma- 
nent mischief and disaster. 

The presidential term commences on the fourth day of 
March next after the President's election ; and in case of 
his death, removal, or resignation during his term, the 
person who succeeds to the duties of the office ser\-es the 
unexpired portion of the term only. 

The first four years of the twentieth centui}', March 4, 
190 1, to March 4, 1905, constitute the twenty-ninth presi- 
dential term since the adoption of our Constitution. 

The Constitution says, "No person, except a natural- 
bom citizen, or a citizen of the United States at the time of 
the adoption of this Constitution, shall be 

^ m. Eligibility. 

eligible to the office of President; neither 
shall any person be eligible to that office who shall not 
have attained to the age of thirt\'-five years, and been four- 
teen years a resident within the United States." 

The Constitution requires that the Presi- ^ ^. . ^. ,_„ 

^ , . 1. Citizenship {59), 

dent shall be a natural-born citizen of the 

United States, or a citizen at the time of the adoption of 

Short, Civ Got.— U 



204 CIVIL GOVERNMENT. 

the Constitution. This is a necessary restriction, when we 
consider the sacredness of the trust committed to the 
charge of the Executive. 

Several of the sovereigns of Great Britain were persons 
of foreign birth. This qualification destroys any hopes 
that any intriguing foreigner might indulge of becoming the 
chief Executive of our Republic. 

But throughout the bloody struggle of the American 
revolution our fathers were greatly assisted by the aid of 
many citizens who were natives of other countries. It 
would have been ungenerous and ungrateful to have ex- 
cluded this class of citizens from all possibility of attaining 
to any office, however exalted, under a government which 
they had sacrificed so much to establish. 

But the clause giving eligibility to a citizen at the time 
of the adoption of our Constitution, though of foreign 
birth, has become practically obsolete by the lapse of time. 

The Executive is eligible to reelection without limita- 
tion ; but thus far in our history no Executive has been 
elected to the office beyond the close of his second term. 

The age required was regarded as necessary to give the 

candidate for this office sufficient time to demonstrate his 

character, and to enable his fellow-citizens 

2 A.qe (59). 

to judge of his fitness for the high position of 
chief Executive of a great nation. The mental faculties are 
usually in full vigor at this age ; and opportunities must have 
been afforded for long public service, and for varied and 
large experience in the public councils. 

A residence of fourteen years within the United States is 

required. It might be presumed that long and continued 

residence abroad would create not only 

3. Residence {59). . ,.„ r .^ a c > u* 4-U 

mdifference for the country of one's birth, 
but a partiality for the institutions of other countries with 
which he has long been familiar. 



EXECUTIVE. 205 

This long residence in the United States is intended not 
only to give opportunity for an extensive acquaintance on 
the part of his fellow-citizens with the candidate for this 
office, but also to furnish him with the requisite knowledge 
of the wants and institutions of the country. 

Questions. 

1. In whom is the executive power vested ? 

2. In whom was it vested under the Confederation ? 

3. What does a feeble Executive imply ? 

4. What does that imply? 

5. Give the views of the convention on the unity of the Executive. 

6. How long is the Executive term ? 

7. What variety of opinion was there on the Executive term? 

8. When does the term commence? 

9. What is the number of the present Executive term? 

10. What are the conditions of eligibility? 

11. Who might be President though foreign born? 

12. Why is the age named necessary? 

13. Why is so long a residence required? 



LESSON LVII. —EXECUTIVE, Continued. 

There are but two ways of electing a chief magistrate 
of the United States. The first method is by electors ap- 
pointed for that purpose ; and, if this meth- ^^ ^^^ ^^^^^^^ 
od fails, the election devolves on the House 
of Representatives. We will consider the two methods. 

In the convention that formed the Constitution, there 
were three methods proposed for electing a President. 
The first plan was by the two Houses of ^ Electors. 
Congress on joint ballot. The second was 
by electors to be appointed by the several State Legisla- 
tures. The third was, and this prevails, to elect by electors 
appointed in such manner as the several State Legislatures 



2o6 CIVIL GOVERNMENT. 

might direct. The Constitution gives Congress the power 
to determine the time of choosing the electors. Congress 
has fixed by law that electors shall be chosen throughout 
the United States on the first Tuesday after the first Mon- 
day in the month of November of the year of the presiden- 
tial election. 

The electors in the several States are elected by the 
people, in the manner prescribed by the Legislatures of the 

(a) Appoint- respective States. No senator, representa- 
ment{56). tiyc, or Other person holding a place of 
trust or profit under the United States, can be an elector 
of President and Vice-President. Thus the sense of the 
people more distinctly prevails than it would were the 
choice of President confided to persons holding other 
official positions. 

The number of electors corresponds with the number 

of senators and representatives to which the States are 

respectively entitled in Congress. Thus each State has 

about the same influence in the election of 

(&) Number (56). .,,„,. 

President and Vice-President that i*: has m 
the national councils. 

There are certain steps to be taken by the electors 
after their appointment, which are defi- 

(c) Proceedings. 

nitely specified by the Constitution. 
The first step to be taken by the electors after their 
appointment is to meet in their respective States. By a law 
of Consfress, the State Legislature is author- 

ist, Meeting (57). , . ^ ,. ' ^ ^. , 

ized to direct as to the place of meeting. 
This place is generally, perhaps in all cases, the capital of 
the State. The meeting of the electors, by law of Congress, 
takes place on the second Monday in January next after 
they are chosen. All the electors meet on the same day. 

The meeting is a mere matter of form. They are ex- 
pected to cast their votes for the candidates of the political 



EXECUTIVE, 207 

parties according to previous pledges. No discussion of 
the merits of the candidates takes place. The electors 
are chosen wholly with reference to particular persons who 
have been put in nomination at a convention called for 
that purpose. This, however, is a gross perversion of the 
intention of the authors of the Constitution. It is the 
result of modern political party management. 

The votes must be given by ballot for President and 
Vice-President, one of whom, at least, shall not be an 
inhabitant of the same State with them- 

2ds, Voting (57). 

selves. According to this provision, a 
State would lose its vote if given for candidates both of 
whom were citizens thereof. They shall name In their 
ballots the person voted for as President, and in distinct 
ballots the person voted for as Vice-President. 

The electors are required by the Constitution to make 
distinct lists of all persons voted for as President, and 
of all persons voted for as Vice-President, 3d, Making 
and of the number of votes for each. "^**** ^' 

These lists are to be signed and certi- 4th, signing and 

'^ certtfytng Lists 

fied by the electors. (57). 

These lists are to be transmitted to the gtj^^ Transmit 
seat of the government of the United States, ting Lists (57). 

These certificates are to be directed to etn. Directing 
the president of the Senate. ^**** ^^^• 

By law of Congress, the electors are to make and sign 
three certificates of all the votes given. They are to seal 
up these certificates, and to certify on each that a list of the 
votes of their States respectively for President and Vice- 
President is contained therein. 

They shall appoint a person to take charge of and de- 
liver one of these certificates to the president of the Senate 
at the seat of government before the fourth Monday of 
January then next ensuing. 



2o8 CIVIL GOVERNMENT. 

Another of the certificates is to be forwarded forthwith 
by mail to the president of the Senate at the seat of gov- 
ernment. 

The third certificate is to be delivered to the judge of 
the district court in which the electors assemble. 

It will be observed that the certificates are now in the 
hands of the president, of the Senate, and. 

(fl) In Congress. i i r 

the steps are to be taken tor canvassmg 
the votes certified therein. 

A joint meeting of the two Houses of Congress is then 
1st, j^oint Meet- Called ; and this takes place, by law of 
ing {57). Congress, the second Wednesday of Feb- 
ruary following the reception of the certificates. The meet- 
ing is in the Hall of Representatives. 

" The president of the Senate shall, in presence of the 
2d, Opening Cer- Senate and House of Representatives, open 

tiftcates (57). all the certificates.'* 

" The votes shall then be counted." The counting of 

3d, Counting the votes is douc by tellers appointed for 
Votes {57). ^|-j^j- purpose by the House and the Senate. 

On one occasion, in 1877, Congress by special law con- 
stituted an Electoral Commission consisting of five sena- 
tors, five representatives, and five justices of the Supreme 
Court, who were authorized to decide which of two con- 
flicting sets of votes from certain States should be counted. 

The Constitution says, *' The person having the greatest 
number of votes for President shall be the President, if such 
number be a majority of the whole number of electors ap- 
pointed." 

But if no candidate shall receive a majority of the elect- 
ors appointed, then, by the Constitution, the election of that 
officer devolves upon the House of Representatives. 

This occurred in the year 1825, and may occur at any 
election when there are three or more candidates. 



executive. 209 

Questions. 

14. How many methods of electing a President, and what are they ? 

15. How many and what plans were proposed ? 

16. How are electors appointed ? 

17. Who may not be appointed electors? 

18. Why is this ? 

19. How many electors for each State ? 

20. What are the various steps required to be taken by the electors ? 

21. What restrictions on the voting? 

22. How must the lists be transmitted ? 

23. What are the steps for canvassing the votes in Congress ? 

24. What is the result ? 



LESSON LVIIL — EXECUTIVE, Continued. 

When the people fail to elect the chief Executive, it 
seems proper to refer the matter for decision to the House 
of Representatives. This seems to be the 2. Mouse of 
most appropriate body, as the members of Ji^presentatives. 
which it is constituted are chosen by the popular voice, and 
are the more immediate representatives of the people. 

The Constitution says, " A quorum for this purpose shall 
consist of a member or members from two 
thirds of the States, and a majority of all («) Quorum {57). 
the States shall be necessary to a choice." 

A majority can transact the ordinary business of legis- 
lation ; but the election of a chief magistrate of the nation 
was regarded by the authors of the Constitution as a matter 
of such grave interest to the country, that they inserted this 
provision with unanimity. 

When the election takes place in the House, the selec- 
tion must be made from the persons already voted for by 
electoral vote. The House is not at liberty (&) Eligibility 
to take up a new candidate; but their se- (^^)- 

lection must be confined to those receiving the highest 



2IO CIVIL GOVERNMENT. 

numbers, not exceeding three, on the list of persons voted 
for as President. This provision is made for the purpose 
of excluding from the list all such persons as receive but a 
small number of the electoral votes. 

In choosing the President by the House of Representa- 
tives, the Constitution requires that the votes shall be taken 
by States, the representation from each State 

(c) Voting (57). / . ^ ^, . , 

havmg one vote, i here is a greater chance 
of an election, when there are three or more candidates, in 
this mode than by a mere representative vote according 
to numbers, as the same divisions would probably exist in 
the popular branch as in their respective States. 

The vote must be taken by ballot. 

As a majority of all the States is necessary to a choice, 
it might so happen that the House of Representatives 
would be unable to elect a President. For instance : were 
there three candidates before the House, one might receive 
the votes of nineteen States, and the other two the votes 
of thirteen States each ; in which case there would be no 
choice, as neither would have a majority of all the States. 
The House might continue to vote with the same, or 
nearly the same, result until the fourth day of the next 
March, at which time the House would lose jurisdiction 
of the subject, and could vote no longer. 

The Constitution makes provision for precisely this con- 
dition of things. The following would be the result : — 

*' And if the House of Representatives shall not choose a 
President, whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the 
Vice-President shall act as President, as in the case of the 
death, or other constitutional disability, of the President." 

It will be seen, in considering the election of the Vice- 
President, that no probable contingency can arise to prevent 
the election of that officer. 



EXECUTIVE. 21 J 



Questions, 

25. What if no candidate is elected by this process? 

26. What is a quorum for election in the House? 

27. Why are so many required for a quorum ? 

28. To whom is the election in the House confined ? 

29. Why is this so? 

30. How are the votes taken? 

31. How many votes are necessary to a choice? 

32o How long may the House continue to vote if they do not suc- 
ceed in electing a President ? 
33, What if the House finally fail to elect? 



LESSON LIX. — EXECUTIVE, Continued. 

Before the President enters on the execution of his office, 
he is required to solemnly swear or affirm that he will 
faithfully execute the duties thereof, and, y. Oatuof 
to the best of his ability, preserve, protect, office {62). 
and defend the Constitution of the United States. 

Mr. Justice Story says, " This is a suitable pledge of his 
fidelity and responsibility to his country, and creates upon 
his conscience a deep sense of duty, by an appeal at once, 
in the presence of God and man, to the most sacred and 
solemn sanctions which can operate upon the human 
mind." 

The Constitution says, " The President and Vice-Presi- 
dent, and all civil officers of the United ri. Howremov- 
States, shall be removed from office on able {67). 
impeachment for, and conviction of, treason, bribery, or 
other high crimes and misdemeanors." 

This subject has been noticed in treating of the Senate 
of the United States (see the author's larger work, Analy- 
sis of Civil Government), 



212 CIVIL GOVERNMENr. 

The Constitution says, " The President shall, at stated 
times, receive for his services a compensation, which shall 
neither be increased nor diminished during 
the period for which he shall have been 
elected; and he shall not receive within that period 
any other emolument from the United States, or any of 
them." 

Without this clause, the Executive would be dependent 
for his support on the will of Congress. By securing their 
favor, his salary might be greatly enlarged ; and, by incur- 
ring their displeasure, it might be greatly diminished. His 
salary cannot be changed during his term of office. 

From the beginning of the Executive office under our 
government to the close of President Grant's first term, 
1873, the salary was ^25,000 a year. From March 4, 1873, 
till the close of President Roosevelt's second term, 1909, it 
was ^50,000. Since March 4, 1909, it has been ^75,000. 
In addition to his salary, which is fixed by law of Con- 
gress, he has the use of the White House, as the presi- 
dential mansion is called. It is also furnished for him and 
taken care of, the grounds cultivated, his fuel and hght 
provided, and many other things at the expense of the 
public treasury. 

Questions. 

34. What is the President's oath of office ? 

35. What does Judge Storj' say about this oath? 

36. How is the President removable? 

37. What is the constitutional provision about his salary? 

38. What is the advantage of this provision ? 

39. What was the salary until President Grant's second term, and 

what is it now ? 

40. What is furnished him besides his money salary? 



EXECUTIVE. 213 



LESSON LX.— EXECUTIVE, Continued, 

The Constitution says, "The President shall be com- 
mander-in-chief of the army and navy of the United 
States, and of the militia of the several yxn. Powers 
States when called into the actual service and Duties, 
of the United States. " ^' ^'''*^^y (^S). 

It is not to be inferred from this clause of the Constitu- 
tion that the President is actually to take command in 
person in case of war. This is not the intention, though 
he has the power were he so disposed. It might be proper 
that the President should actually place himself at the 
head of an army in the field, were he known to be an 
experienced and skillful military commander. 

He is the head of the army in the same sense that he is 
the head of the nation. He may control its general oper- 
ations and movements. He directs the application of the 
military force in the execution of the laws, in maintaining 
peace at home, and in resisting foreign aggression. These 
duties are of an executive character, and are properly 
vested in the President, that unity of plan, promptitude, 
activity, and decision may be secured. 

For the same reasons, the Executive is made commander- 
m-chief of the militia of the several States when called 
into the actual service of the United States. In order 
that there may be unity of action, uniformity of training 
and discipline, and concert of purpose, it is necessary that 
regulars and militia should be subordinate to a single head. 

The Constitution says, "He may re- ♦?. civil. 
' quire the opinion in writing of the prin- («) departments 
cipal officer in each of the executive depart- 
ments on any subject relating to the duties of their respec- 
tive offices." 



214 CIVIL GOVERNMENT. 

The Constitution says, " He shall have power to grant 
(6) Reprieves and reprieves and pardons for offenses against 

Pardons {63). the United States, except in cases of im- 
peachment." 

A reprieve is the temporary suspension of the execution 
of sentence, especially the sentence of death. A pardon 
is the remission of a penalty, and a release of the offender 
from punishment. Reprieves may become necessary or 
expedient on account of doubts of guilt, arising from the 
discovery of new testimony after sentence and before 
execution ; or considerations of public policy may require 
a like interference. The same reasons might justify the 
grant of a full pardon. 

Discretionary power over such cases should be vested 
somewhere, *'as the law cannot be framed on principles 
of compassion." The chief executive magistrate should 
be allowed to hold a court of equity in his own breast, to 
soften the rigor of the general law in such criminal cases 
as may merit an exemption from punishment, or as may 
properly plead for temporary delay of execution of sen- 
tence. 

There is no power under our government to extend 
pardon to a person convicted on impeachment. 

The Constitution says, " He shall have power, by and 
, , „ . with the advice and consent of the Senate, 

(c) Treaties (64). ' 

to make treaties, provided two thirds of 
the senators present concur." 

The definition of treaty will be found in the chapter on 
the "Senate of the United States." 

In forming treaties, the entire plan, with all its condi- 
tions and stipulations, is settled through the President on 
the part of the United States. He acts through ambas- 
sadors and foreign ministers duly accredited by our govern- 
ment, or commissioners specially appointed for the purpose. 



EXECUTIVE. 215 

The entire proposed treaty is submitted to the Senate 
by the President. The Senate discusses it in secret session. 
No treaty can be complete, on the part of our government, 
until ratified by the Senate. 

Questions. 

4I0 What is the President's military position? 

42. In what sense is he the head of the army ? 

43. What may he require of department officers ? 

44. What power has he over reprieves and pardons? 

45. What are they ? 

46. When may they become necessary ? 

47. What is said of pardon in cases of impeachment? 

48. What power has the President over treaties ? 

49. What is a treaty ? 

50. Who settles the plan of treaties on the part of government? 

51. Through whom does he act? 

52. What is necessary to the completion of a treaty ? 



LESSON LXL — EXECUTIVE, Continued, 

The Constitution says, " He shall nominate, and, by and 
with the advice and consent of the Senate, shall appoint, 
ambassadors, other public ministers, and (<«) Appoint- 
consuls, judges of the Supreme Court, and »"«»*<* (64) (65). 
all other officers of the United States whose appointments 
are not herein otherwise provided for, and which shall be 
established by law." 

When nominations are made by the President, they are 
presented to the Senate in writing ; and this body acts 
upon them in secret session, and under the injunction that 
discussions on their merits or the qualifications of the 
nominees shall be kept secret A majority of the Senate 



210 CIVIL GOVERNMENT. 

decides the question of confirmation or rejection of the can« 
didate nominated- 

If the nominee is confirmed, or the nomination ratified, 
the President issues a commission accordingly, unless, in 
the mean time, he has concluded to decline it, which he is 
at liberty to do ; in which case, he may make another 
nomination. 

An ambassador is a minister of the highest rank, employed 
by government to represent it, and to manage its interests 
at the court or seat of government of some other power. 

The word *' minister," as used in the Constitution, has 
nearly the same signification as " ambassador," especially 
" minister plenipotentiary." 

A consul is a person commissioned to reside in a foreign 
country, as an agent or representative of a government, to 
protect the rights, commerce, merchants, and seamen of the 
State, and to aid in any commercial, and sometimes in dip- 
lomatic, transactions with such foreign country. 

The judges of the Federal courts are the judicial officers, 
and are the only ones under our government whose appoint- 
ments are for life, or during good behavior. 

The other officers include the heads of the several exec- 
utive departments, and constitute what is called the Presi- 
dent's cabinet. They are the secretary of state, secretary 
of the treasury, secretary of war, attorney-general, postmas- 
ter-general, secretary of the navy, secretary of the interior, 
secretary of agriculture, and secretary of commerce and labor. 
They also include military and many minor civil officers. 

The President is also authorized to make special ap- 
pointments to fill vacancies : — 

"The President shall have power to fill up all vacan- 
cies that may happen during the recess of the Senate, by 
granting commissions which shall expire at the end of thei'' 
next session." 



EXECUTIVE. 217 

The clerks, letter carriers, and other minor civil officers 
have become so numerous that Congress in 1885 author- 
ized the President to appoint a Civil Service Commission, 
which aids him in making rules governing appointments, 
and manages the examination of applicants for office. 

The Constitution says^ " He shall from time to time give 
to the Congress information of the state 

J ^ .r, ' (.<i) Messages (66). 

01 the Union, and recommend to their 

consideration such measures as he shall judge necessary 

and expedient." 

Under this clause the practice originated, and has con- 
tinued, of delivering formal messages, annual and special, 
to Congress. The President has means of information on 
all subjects, foreign and domestic, far superior to those be- 
longing to any other branch of the government. 

On account of his intimacy with the heads of depart- 
ments, he may be presumed to be in possession of valuable 
information regarding the workings of the laws, the systems 
of trade, finance, and the operations of the judiciary, mili- 
tary, naval, and civil establishments of the Union. He is 
therefore qualified to communicate information on these 
subjects in the most practical form, and to recommend such 
measures as may be necessary for the correction of any 
defects which may have become apparent. 

Questions. 

53. What control has the President over appointments ? 

54. How does he present his nominations to the Senate? 

55. How does the Senate act upon them? 

56. What is an ambassador? 

57. What is a minister? 

58. What is a consul? 

59. What is said of judges of the Supreme Court? 

60. What are the other officers whom the President may nominate 

and appoint ? 

61. When may the President fill vacancies ? 



2l8 CIVIL GOVERNMENT. 

62. What is the constitutional provision about messages? 

63. What practice has grown out of this provision? 

64. What are the President's means of information on the state of 

the Union ? 



LESSON LXIL — EXECUTIVE, Continued. 

The Constitution says, ^' He may, on extraordinary occa- 
sions, convene both Houses, or either of them ; and, in case 
of disagreement between them with respect 

(/) Congress. , . ^ ,. 

to the time of adjournment, he may ad- 
journ them to sucli time as he shall think proper." 

Events may occur, entirely unforeseen by the Congress 
at its last session, imperiling the interests of the country, 
1st, Convocation and requiring the immediate convocation of 
{66). ^i^a^ body. An event of this kind trans- 

pired in the month of April, 186 1, from the date of which 
hostilities became general between the North and the South. . 
President Lincoln summoned Congress to meet the fourth 
day of the following July. 

The power to call a meeting of Congress must be vested 
somewhere; and that it should be committed to the dis- 
cretion of the Executive, all agree. 

It might be barely possible that Congress should fail to 
agree on the time of adjournment ; and, should such an 
;?<?, ^dyowrwment exigency arise, the Executive seems the 
(66). most suitable third party to interfere for 

the peaceable termination of the controversy. In England 
the sovereign convenes and prorogues the Parliament. 

When a bill passes both Houses of Congress, it is pre- 
sented to the Executive for his signature. Should he 
approve it, he si^ns it : but if not, he returns 

3d, Veto {24) {25). ,^^ \ ,. ^. ^ ^u rj 

it, with his objections, to the House in 
which it originated. These objections are called the Pres- 
ident's veto. 



EXECUTIVE. 219 

But his veto is not absolute, only qualified : for, if it 
shall be repassed by a vote of two thirds of each House, 
it becomes a law notwithstanding the President's objec- 
tions (see Paragraphs (24) and (25) of the Constitution). 

The Constitution says, " He shall receive 

{(/) deception (66). 

ambassadors and other public ministers." 

The reception of ambassadors and other public ministers 
is a recognition of the national character and standing of 
the countries which they represent. Their reception may 
therefore become a very nice and delicate question with 
the Executive. 

The Executive is not obliged to receive an ambassador 
or public minister, even though he comes clothed with 
proper authority from a nation with whom we are at peace, 
and which is recognized among the great family of nations. 

Although it requires the assent of the Senate, when 
that body is in session, to send an American minister to a 
foreign court, it does not require their assent to receive 
foreign ministers at our own capital. In such cases the 
President is the sole organ of recognition (see author's 
Analysis of Civil Government^. 

The Constitution says, '* He shall take care that the laws 

be faithfully executed." qc^ Executor of 

This clause makes it the duty of the *^^ i«"'« C^^)- 
President faithfully to execute the laws of Congress. When 
a law has been passed by all the forms of legislation, he 
has no discretion. He must not only render obedience to 
the law himself, but must enforce its execution on all others. 
Were he to refuse, he would be guilty of a high misde- 
meanor, and might be removed from office by impeach- 
ment, and otherwise punished according to law. 

He has ample power to execute the laws, as, for this 
purpose, the whole military force of the country is at his 
command, and under his control. 

Short. Civ. Gov.— 16 



220 CIVIL GOVERNMENT. 

The Constitution says, " He shall commission all officers 
(i) Commissions of the United States." 

(66). ^ commission is a formal certificate of 

appointment issued by the proper authority. In this case, 
it is signed by the President of the United States, and 
sealed by the secretary of state with the great seal of the 
United States. The commission recites the powers con- 
ferred, with definite certainty; and it is usually delivered 
to the person whose appointment is made by it, though 
delivery is not necessary to the validity of the appointmenta 

Questions. 

65. What does the Constitution say ahout the President adjourn= 

ing and convening Congress? 

66. Why should this power be vested in the President? 

67. What is said of his veto power ? 

68. What is said about the reception of foreign ministers? 

69. Why should this duty be assigned to the President ? 

70. What if the President should decline to execute the iaws ' 

71. What power has he to execute them? 

72. What is a commission? 

73. Who commissions the officers of the United States? 



BLACKBOARD EXERCISE. 



Vice-President, 



I. Eligibility . . o « . a . (^7) 
II. Election. 

1. /;/ Congress . o • » . « (^7) 

2. /;« Senate . » « . . (^7) 

III. 6>^/^ of Office ..„„,. (^-^) 

IV. T'erm . {55) 

V. Powers and Duties. 

1. President of the Senate . . . (-?-/) 

2. Acting President of the United States (60) [57) 



221 



CHAPTER XX. 

LESSON LXIIL— VICE-PRESIDENT. 



The Constitution says, " No person constitutionally ineli- 
gible to the office of President shall be 
eligible to that of Vice-President of the 
United States." 

If the Executive office becomes vacant, the Vice-Pres- 
ident performs the duties thereof. He should therefore 
have the same qualifications as President. These are, that 
he must be a natural-born citizen, or a citizen of the 
United States at the adoption of the Constitution ; that 
he must be thirty-five years of age ; and that he must have 
been fourteen years a resident within the United States. 

Five times in our history has a Vice-President been 
called to serve out an unexpired term of the presidential 
office. William Henry Harrison, President, died April 4, 
1 841 : John Tyler, then Vice-President, succeeded to the 
duties of the Executive office. Zachary Taylor, President, 
died July 9, 1850: he was succeeded by Millard Fillmore, 
then Vice-President. Abraham Lincoln died April 15, 
1865; he was succeeded by the Vice-President, Andrew 
Johnson. President Garfield died Sept. 19, 1881 ; and the 
next day Vice-President Arthur took the oath of office as 
President. President McKinley died Sept. 14, 1901; and 
Vice-President Roosevelt succeeded to the office. 

The Constitution says, " The person having the greatest 

332 



VICE-PRESIDENT, 223 

number of votes as Vice-President shall be the Vice-Pres- 
ident, if such number be a majority of the whole number 
of electors appointed; and if no person ^j.^^^^^^^^ 
have a majority, then, from the two highest 
numbers on the list, the Senate shall choose the Vice- 
President : a quorum for the purpose shall consist of two 
thirds of the whole number of Senators ; and a majority of 
the whole number shall be necessary to a choice." 

The first part of this constitutional clause refers to the 
counting of votes and other proceedings in Congress. If 
no person receives a majority of the elect- i, in congress 
oral votes as Vice-President, of course the ^^^>- 

people have failed to elect that officer. The election must 
now go to the Senate of the United States. 

As just stated, if no person receives a majority of the 
electoral votes, the Senate is to choose the Vice-President 
from the two highest numbers on the list as ^ ^^ senate^sr). 
candidates for that office. This renders it 
improbable that the Senate should fail to elect that officer. 

As the Vice-President is the President of the Senate, it 
seems proper that the Senate should elect this officer in 
case of failure to elect by the electors. 

The Senate has chosen but one Vice-President in our 
history. This was Richard M. Johnson, in 1837. 

Questions. 

1. To what office must the Vice-President be eligible? 

2. Why should this be so ? 

3. What are the three conditions of eligibility? 

4. How many times, and in what instances, has the Vice-President 

been called to the presidential office ? 

5. In what two ways may the Vice-President be elected ? 

6. To what candidates is the Senate confined in its choice? 

7. Why is it proper that the Senate should elect this officer? 

8. What Vice-President was elected by the Senate? 



224 CIVIL GOVERNMENT. 

LESSON LXI v. — VICE-PRESIDENT, Continued. 

The Vice-President is among the officers required to 

III. Oath of take the oath or affirmation, before enter- 

Office (84). [^g on the duties of his office, to support 

the Constitution of the United States. 

The official term is four years. The same reasons that 

pfoverned in fixing the presidential term at 
JV. Term {55). o i 

four years apply with equal force to the 
term of the Vice-President. 

The Constitution says, " The Vice-President of the United 
States shall be president of the Senate, but 

V. Powers and . .. . i , n n 

DuUes. shall have no vote unless they be equally 

1. President of fJivjHed " 

the Senate (11). * . - , ,r- -r^ 

The duties of the Vice-President as 
president of the Senate are such as usually devolve on the 
presiding officer of legislative bodies. He is to preside 
over the deliberations of the Senate, enforce the rules of 
order, maintain due decorum among the members, and 
decide all questions of parliamentary practice. 

The speaker of the House of Representatives has the 
appointment of standing committees ; but the president 
of the Senate does not, as he is not a member of that body. 

He submits all questions, duly made, to the Senate, puts 
to vote all questions brought forward for discussion and 
decision, and makes known the result. 

The Constitution says, " In case of the removal of the 
President from office, or of his death, resig- 

2. Acting Presi- . . , .,. t i i 

dent of the nation, or inability to discharge the powers 
United States and duties of the said office, the same shall 

devolve on the Vice-President." 
He is also to act as President, if the House of Represen- 
tatives shall fail to elect that officer when the right of 
choice shall devolve on them. 



VICE PRESIDENT. 225 

When the Vice-President acts as President, which has 
been the case several times in our history, he has uni- 
formly been recognized as President by both Houses of 
Congress (see Analysis of Civil Government, by the author). 

Questions. 

9. What is the nature of the Vice-President's oath of office ? 

10. How long is the term of the Vice-President, and why? 

11. What are the powers and duties of the Vice-President? 

12. Wherein do his duties differ from those of the speaker of the 

House? 

13. In what cases do the duties of the Executive devolve on ihe 

Vice-President ? 

14. In such cases, what is his title of office ? 



BLACKBOARD EXERCISE. 



Judicial, 

I. Where vested, 

1 . Supreme Court ,0004 (^<?) 

2. Inferior Courts , , . ^ . (66*) 
II. Judges, 

I. Z?^a/ appointed. 

(a) P?'esident 00.. (6-4) 

(b) Senate ,0.0. (6^) 
2» (9^/-^ ^ C?^r^ . o . . . ((^.4) 

3. Tenure of Office .000. (6(^) 

4. .^7£' removable .00. (67) 

5. Salary. , , . . . . (6<9) 
III. Jurisdiction. 

1. Limitation , o • . o o (69) 

2. Origi?ial ..,,.. (7(9) 

3. Appellate . o . . e o (76?) 



S;26 



CHAPTER XXI. 

LESSON LXV. — JUDICIARY. 



To establish justice was one of the principal objects, as 
expressed in the Preamble, to be secured by the adoption 
of the present Constitution of the United ^^cessUyofa 
States : hence it was necessary to create a National Judi- 
national judiciary. A government having cxartj. 

no judiciary that commands the respect of the people is 
wanting in one of the essential elements of stability. 

There was no national judiciary under the Confederation; 
and, of course, there were no national courts. The only 
courts were State tribunals. The State Legislatures often 
passed laws favoring their own respective localities, and 
State courts were too ready to disregard the decisions of 
coordinate tribunals of neighboring States. 

Treaties formed between the Confederation and foreign 
nations were recklessly disregarded by the State Legisla- 
tures as well as by the State courts. In several instances 
this open disregard of the plighted faith of the nation threat- 
ened to involve the whole country in war. 

Laws were passed by the State Legislatures, in many in- 
stances, in open defiance of the sacredness of private con- 
tracts between man and man. Remedies for the recovery 
of debts were suspended. Debtors were authorized to ten- 
der any sort of property, even though nearly worthless, in 
payment of debts that had been contracted to be paid in 

money. 

2%1 



228 CIVIL GOVERNMENT. 

Insolvent laws were enacted by some of the States, the 
effect of which, when applied to the relations of debtor 
and creditor, practically amounted to a complete discharge 
of indebtedness without consideration. 

Laws were also passed making the most unjust and 
invidious distinctions in favor of the citizens of the States 
enacting them, and against foreigners and citizens of 
neighboring States. In fact, the American judiciary be- 
came a matter of contempt at home and of burlesque 
abroad. 

There were other evils that called loudly for remedy. 
Some related to the welfare of our foreign commerce, 
some to the conflict of interests between citizens of differ- 
ent States, some to the relief of foreigners who had given 
credit to our citizens ; others related to territorial disputes 
between different States, and still others to titles of lands 
under grants from different States. 

So loose and reckless had the legislative and judicial 
administration of affairs become, that it was conceded by 
all parties, that, unless some effectual remedy were applied, 
our political institutions must crumble into ruins. 

Questions, 

1. What was one of the objects of the Constitution ? 

2. What necessity did this create ? 

3. What is said of a government having a feeble judiciary? 

4. What kind of courts were under the Confederation ? 

5. What did the State Legislatures and State courts do ? 

6. What was the result ? 

7. What danger appeared? 

8. What kind of State laws were passed ? 

9. How did these affect creditors? 

10. What distinctions were made in some of the State laws ? 

11. What other evils existed, arising from a defective judiciary r 

12. What was the opinion of all political parties of that day? 



JUDICIARYo 229 



LESSON LXVL- JUDICIAL. 

The Constitution says, " The judicial power of the United 
States shall be vested in one Supreme 

. . , X Where vested. 

Court, and in such inferior courts as the 

Congress may from time to time ordain and establish." 

The Supreme Court is a part, and only a part, of the 
national judiciary. It is established by the 1. supreme court 
Constitution, but organized by Congress. C^*)* 

The judges of the Supreme Court at present are one 
chief justice, and eight associate justices, any six of whom 
constitute a quorum. 

Ever since this court was organized, September, 1789, 
it has had a chief justice ; but the number of associate 
justices has been varied several times by acts of Congress. 
At first the number was fixed at five ; March 3, 1837, *^^ 
eight; March 3, 1863, at ninej April 10, 1869, at eight,, 
the present number. 

This court holds one term a year in the city of Watsh- 
ington, beginning on the second Monday in the month of 
October. 

The establishment of inferior tribunals would seem to 
result necessarily from the establishment 2. inferior courts 
of a Supreme Court. Recourse could not C<^*)- 

be had to the Supreme Court in all cases which might 
properly be subjects of Federal adjudication. 

It would be out of the power of any single court to dis< 
pose of the immense amount of business that would be 
sure to demand their attention. Without inferior tribunals 
easy of atcess, the sanctuary of justice would be closed to 
the great majority of American citizens. 

Under the authority to establish inferior tribunals, each 
State or district can have a Federal court or courts compe- 



230 CIVIL GOVERNMENT. 

tent to the adjudication of all matters of Federal jurisdic- 
tion within its limits. 

The United States are divided, for judicial purposes, into 
nine circuits, and these circuits into about eighty districts. 
Each judge of the Supreme Court is allotted to a circuit, 
and two or more circuit judges are appointed for each cir- 
cuit. Usually one district judge is appointed for each dis- 
trict, but in some cases there are two or more. 

In each circuit there is a circuit court of appeals, consist- 
ing of three judges, designated from time to time from 
among the circuit and district judges, and the justice of the 
Supreme Court assigned to the circuit. 

Each district judge sits as a district court in his district. 

Because there are very many claims against the United 
States, and disputes over the fixing of railroad rates, and dis- 
putes over the rates of duty levied on imported goods. 
Congress has created special courts to try these kinds of 
cases : the court of claims, the commerce court, and the 
court of customs appeals. 

These kinds of courts, — circuit, district, and special, — 
together with the courts in the District of Columbia, are, in 
the constitutional sense, inferior courts. 

Thus there are five classes of Federal courts : — 

1. The Supreme Court of the United States, estabhshed 
by the Constitution, but organized by Congress. 

2. The circuit courts of appeals, established and organized 
by Congress. 

3. The district courts of the United States, established 
and organized by Congress. 

4. Courts for special kinds of cases, established and 
organized by Congress. 

5. The courts of the District of Columbia, also estab- 
lished and organized by Congress. 



JUDICIARY. 231 



Questions. 



1. Where is the judicial power vested? 

2. What is the Supreme Court ? 

3. How established and organized? 

4. How many judges of the Supreme Court ? 

5. When and what have been the changes as to justices? 

6. When and where does the court hold its term ? 

7. What is the necessity of inferior courts? 

8. How is the United States divided for judicial purposes? 

9. Who preside over district courts? 

10. How many circuit courts of appeals, and by whom are they 

held ? 

11. What are the inferior courts? 

12. How many and what classes of Federal courts ? 



LESSON LXVIL — JUDICIAL, Continued. 

The mode of appointing the judges has been noticed in 
treating of the Executive powers. The power is expressly 
given to the President in the Constitution, j-j-_ j^^ges, 
by and with the advice and consent of ^. -How appointed 
the Senate, to appoint the judges of the 
Supreme Court ; but nothing is said therein about the 
method of appointing the judges of the inferior courts. As 
the judges of circuit have concurrent powers with the 
justices of the Supreme Court in their circuits, there is no 
question with regard to them. 

But whether the judges of the district courts, and the 
other important courts created by Congress, are inferior 
officers in the constitutional sense, so that Congress may 
provide for their appointment, has never been settled by 
adjudication. But thus far the uniform practice has been 
to regard them not as inferior officers ; but their appoint- 
ments have been made by the President, with the concur- 



232 CIVIL GOVERNMENT, 

rence of the Senate, the same as judges of the Supreme 
Court. 

The oath of office of all Federal judicial officers is the 
same as that of officers of the other departments of govern- 
2. Oath of Office ment ; that is, that they will support the 
(*^^* Constitution of the United States, and, to 

the best of their ability, perform the duties of their respec- 
tive offices. 

For reasons well known to the experienced lawyer and 

3, Tenure of jurist, the tenure of office of the judges 
Office (68). should be made permanent and secure, 
depending only on their good behavior. 

When the Constitution was before the people for their 
consideration, one of the most gifted statesmen of that day 
gave his views on this subject in the following language : — 

" ist, That they may be independent and fearless in the 
discharge of their responsible duties, it is necessary that 
they should hold by the will of no man, or set of men. 
They must feel dependent on no earthly power for their 
continuance in office. After appointment, were they in 
any manner dependent on executive, legislative, or pop- 
ular favor, the scales of justice might be doubtfully bal- 
anced, and confidence in the judiciary would be seriously 
disturbed. 

"2d, This independence could hardly be expected from 
judges who hold their offices by a temporar}^ tenure. 
Periodical appointments, however regulated, or by whom- 
soever made, would be fatal to their necessary independ- 
ence. 

"3d, If the power of making them were committed either 
to the Executive or Legislature, there would be danger of 
an improper complaisance to the branch which possessed 
it ; if to both, there would be an unwillingness to hazard 
the displeasure of either ; if to the people, there would be 



JUDICIARY. 233 

too great a disposition to consult popularity, to justify a 
reliance that nothing would be consulted but the Constitu- 
tion and the laws." 

The subject of removal of Federal officers by impeach- 
ment has been fully considered in other 4, now remova- 
places in this work. The judges of the J>ie{67). 
Supreme and inferior courts are subject to removal for 
impeachable offenses. 

Provision is wisely made, that, as the judge's salary is at 
the time he enters on the duties of his office, so it shall 
continue to be throusrhout his official ex- 

° S. Salary {68). 

istence, unless Congress shall see fit to 
increase it : in other words, it cannot be diminished. To 
allow the legislative authority to diminish the salaries of 
the judges would be to give that authority control over 
their support ; and to control their support is to control 
their will. 

The salary of the chief justice is fifteen thousand dollars 
a year; that of the associate justices, fourteen thousand 
five hundred dollars each. 

The Constitutional provision in reference to this subject 
is as follows : — 

"The judges, both of the Supreme and inferior courts, 
shall hold their offices during good behavior ; and shall 
at stated times receive for their services a compensation, 
which shall not be diminished during their continuance in 
office." 

Questions. 

13. By whom are the judges of the Supreme Court appointed ? 

14. By whom are the judges of the other courts appointed? 

15. What is their oath of office ? 

16. What is their tenure of office? . 

17. What reasons are given by an eminent statesman for this? 



234 CIVIL GOVERNMENT. 

i8. How are the judges removable? 

19. What is said about the salaries of the judges ? 

20. What is the amount of each ? 



LESSON LXVIIL — JUDICIAL, Continued. 

The Constitution says, " The judicial power shall extend 

to all cases in law and equity arising under 

' Hon. this Constitution, the laws of the United 

1. limitation States, and treaties made, or which shall be 

made, under their authority." 

This clause defines the entire jurisdiction of the judiciary 
of the United States, so far as it relates to subject-matter. 
By judicial power, as here used, we are to understand the 
power of the national courts in the administration of justice. 
The word " power " refers to jurisdiction, or the authority 
of the court. 

The subject-matter of a cause in court is the thing or 
question to be decided : the parties are the persons or cor- 
porations legally interested in the decision of the court on 
the subject-matter. 

" The word ' law ' is generally understood, as defined by 
law-writers, to be the supreme power of the State, through 
its Legislatures, commanding what is right and prohibiting 
what is wrong. 

*' The word ^equity,' as applied to judicial proceedings, 
does not mean contrary to law, but it reaches cases to 
which the law cannot be applied by reason of its univer- 
sality. 

" The object of equity jurisprudence is to supply the 
deficiencies of the courts of law, and to render the admin- 
istration of justice more complete, by affording relief 
where the courts of law, in consequence of imperfections 
of their machinery, or of their too rigid adherence to 



JUDICIAEY. 235 

peculiar forms, are incompetent to give it, or to give it 
with effect." 

Jurisdiction is of two kinds, — original and appellate. 

Original jurisdiction is jurisdiction of a cause from its 
beginning. If a party can begin his suit in the Supreme 
Court, for instance, we say the Supreme Court has original 
jurisdiction in the case. If he cannot bring his case into 
that court until it has been first tried in some lower court, 
then we say the Supreme Court has appellate jurisdiction. 

Some kinds of causes can be commenced in either of two 
different courts. Such courts, in such cases, are said to be 
courts of concurrent jurisdiction ; that is, either court has 
jurisdiction of such a cause. If there is but one court in 
which a case can be brought, that court is said to have ex- 
clusive jurisdiction. 

The Supreme Court of the United States has original or 
appellate jurisdiction in all cases arising under the Consti- 
tution and laws of the United States, and under treaties, 
except certain classes of cases, which can be appealed only 
to the circuit court of appeals. 

Questions. 

21. What is the extent of the judicial power? 

22. What is meant by judicial power as here used? 

23. What is the subject-matter? 

24. What is the meaning of the word " law " ? 

25. What is the meaning of " equity"? 

26. What is the object of equity jurisprudence ? 

27. How many kinds of jurisdiction, and what is each? 

28. What is concurrent jurisdiction? 

29. When is a court said to have exclusive jurisdiction? 



236 CIVIL GOVERNMENT. 

LESSON LXIX.— JUDICIAL, Continued, 

By constitutional provision the Supreme Court has origi- 

2 Original nal jurisdiction in the following cases : — 

tfurisdiction i. In all cases affecting ambassadors, 
other public ministers, and consuls. 

2. Those in which a State shall be a party. 

The last include controversies, — 

ist. Between two or more States ; 

2d, Between a State and the citizens of another State j 
and, 

3d, Between a State or the citizens thereof, and foreign 
states, citizens, or subjects. 

In all the foregoing classes of cases, suits may be com- 
menced in the Supreme Court. 

But by the Eleventh Article of Amendment to the 
Constitution, 

"The judicial power of the United States shall not be 
construed to extend to any suit in law or equity com- 
menced or prosecuted against one of the United States by 
citizens of another State, or by citizens or subjects of any 
foreign state." 

How is a person to obtain relief, then, in case he has a 
claim against a State ? In the first place, it is presumed 
that no wise government will withhold justice from its 
citizens. The citizen to whom the State may be indebted 
can petition the Legislature direct for redress, unless some 
other means have been instituted by the State. 

Again, in some of the States, courts of claims have been 
established for the same purpose, into which the citizen 
can bring his claim, by petition or otherwise, for adjudica- 
tion ; and, if he shows the State to be indebted to him, 
the Legislature will make provision for payment. 

In 1855 ^ court of claims was established, by act of 



JUDICIARY. 237 

Congress, to hear and determine claims against the United 
States. The demand is presented to the court by petition, 
setting forth specifically its origin and nature; and the 
party is allowed to prove it by the same rules of evidence 
as are usually adopted in courts of justice. If a claim 
is established, Congress makes provision for its payment. 
An attorney, called the solicitor of the United States, 
appears in behalf of the government before this court. 

Questions. 

30. In what cases has the Supreme Court original jurisdiction? 

31. What restrictions are included in the Eleventh Article of 

Amendment? 

32. How is relief to be obtained against a State ? 

33. When, and for what purpose, was a court of claims established? 



LESSON LXX.— JUDICIAL, Continued. 

By the Constitution the Supreme Court has appellate 
jurisdiction, both as to law and fact, with ^ Appellate 
such exceptions, and under such regula- JxirisdicUon 
tions, as Congress shall make, 

ist. In all cases of admiralty and maritime jurisdiction. 

2d In controversies to which the United States shall 

be a party. 

3d, Between citizens of different States. 

4th, Between citizens of the same State claiming lands 
under grants of different States. 

What is meant by appellate jurisdiction has already 
been explained. By cases of admiralty and maritime 
jurisdiction, reference is had to the power to try and 
determine, on appeal, all causes originating on the high 
seas, or on rivers, ports, or harbors communicating with 
the sea, and out of the reach of ordinary courts of justice. 



235 CIVIL GOVERNMENT, 

Admiralty causes must arise wholly on the sea or on 
waters immediately communicating with the sea, and not 
within the jurisdiction of any country. On the high seas, 
all nations claim a common right and a common jurisdic- 
tion ; and therefore causes originating there should come 
exclusively under the jurisdiction of the national courts. 

They cannot be brought, however, in the first instance, 
into the Supreme Court of the United States, but may be 
appealed into that court, or into the circuit court of appeals, 
after having been commenced and tried by a lower court of 
the United States, which, by a law of Congress, is an ad- 
miralty court. 

The subjects for adjudication which properly come into 
courts of admiralty are, captures in war made on the 
high seas, captures in foreign ports and harbors, captures 
made on land by naval forces, and captures made in the 
rivers, ports, and harbors of the captor's own country. 

If an American, commissioned with letters of marque 
and reprisal, shall make captures as aforesaid, it is his 
duty to bring them into the court for adjudication. If 
the court shall decide that the things in controversy were 
lawfully captured, and according to the usages of war and 
law of nations, they are awarded to the captors. If the 
decision is that they were unlawfully seized, they will be 
awarded to the owners, with damages for detention. 

The ordinary admiralty and maritime jurisdiction also 
embraces all civil and criminal cases of a maritime nature. 
The district courts of the United States, however, as courts 
of admiralty and maritime jurisdiction, are limited to the 
trial of crimes and offenses for which but moderate pun- 
ishment is inflicted. The graver and higher crimes are 
referred to the circuit courts as courts of admiralty. 

Controversies in which the United States shall be a 
party are to be adiudicated in the Federal courts. Cases 



JUDICIARY. 239 

in which the whole people are interested should not be 
left to the decision of a State court. The United States 
must bring suit, however, in the first instance, in the in- 
ferior courts, — that is, in the district courts, — ^and cannot 
reach the Supreme Court except by appeal. 

" Unless this power were given to the United States, 
the enforcement of all their rights, powers, contracts, and 
privileges, in their sovereign capacity, would be at the 
mercy of the States. They must be enforced, if at all, in 
the State tribunals. Not only would there be no compul- 
sory power over those courts to perform such functions, 
but there would be no means of producing uniformity in 
their decision." 

By act of Congress a citizen of one State may bring 
suit against a citizen of another in the district court of the 
United States in civil matters, provided the matter in 
controversy exceeds five hundred dollars exclusive of costs. 
An alien may sue or be sued in this court also for the 
same amount ; and these courts have original jurisdiction 
also in matters relating to the United States revenue and 
to patents, being cases that arise under the laws of the 
United States. In all these cases the circuit court of ap- 
peals has appellate jurisdiction. 

Controversies between citizens of the same State claim- 
ing lands under grants of different States must be adju- 
dicated in the United States courts. State courts can- 
not be supposed to be unbiased in cases of this nature. 
Claims to lands under grants of different States, founded 
on adverse pretensions of boundary, would almost forbid 
the possibiHty of judicial fairness, candor, and impartiality 
on the part of the State courts of either granting State. 

At first the Supreme Court had appellate jurisdiction in 
all cases brought before the inferior courts; but in time 
the appeals became so numerous that their decision was 



240 CIVIL GOVERNMENT. 

often delayed for several years. To relieve this pressure 
of business, Congress, in the exercise of its constitutional 
prerogative to regulate the appellate jurisdiction of the 
Supreme Court, created, in 189 1, the circuit court of appeals. 
This court has appellate jurisdiction only. Certain cases 
which formerly were appealed directly to the Supreme 
Court must now be appealed to the circuit court of ap- 
peals. Under certain restrictions and limitations, an 
appeal may be taken from this court to the Supreme 
Court. 

Questions. 

34. In what cases does the Supreme Court have appellate juris- 

diction ? 

35. By what power may this jurisdiction be restricted ? 

36. To what do cases of admiralty and maritime jurisdiction refer? 

37. Where must admiralty causes arise ? 

38. Why should these causes be confined to the national courts ? 

39. What are the subjects for admiralty courts ? 

40. What is the duty of an American who makes captures under 

letters of marque and reprisal ? 

41. What is the result of trial in such cases? 

42. What crimes may be tried in the district courts ? 

43. Where are the higher crimes tried ? 

44. Where are controversies to be tried to which the United States 

is a party, and why ? 

45. In what cases may a citizen of one State sue a citizen of another 

State in the circuit courts ? 

46. In what cases has the circuit court original jurisdiction? 

47. Why should controversies relating to lands claimed under 

grants of different States be referred to the Federal courts? 

48. What is said about the circuit court of appeals ? 



BLACKBOARD EXERCISE. 



State Government of Missouri. 

I. State Constitution, 

1. Historical. 

2. Comparison with J'^ederal, 

3. Amendment. 
II. Legislative Department. 

1. General Assembly. 

2. Apportionment. 

3. Terms and Qualifications. 

4. Sessions. 

5. Presiding Officers and Committees. 

6. Extent of Powers. 

7. ^/^/^ Laws. 

8. General and Special Laws. 

9. Enactment of Laws. 

10. Election of United States Senators. 
III. Executive Department. 

1. Governor. 

2. Lieutenant-Governor, 

3. Secretary of State. 

4. Auditor. 

5. Treasurer. 

6. Attorney- General. 

7. Superintendent of Public Schools. 

241 



242 CIVIL GOVERNMENT OF MISSOURI. 

IV. jfudicial Department, 

1. Supreme Court. 

2. Courts of Appeals » 

3. Circuit Courts^ 

4. I?iferior Courts, 
V. FefsoJial Rights. 

1. Bill of Rights. 

2 . Citizenship. 

3. Suffrage. 

(a) Qualifications, 

(b) Residence. 

(c) Registration. 
VI. Elections, 

T. Subdivisions. 

2 . Time and Place. 

3. Manner of Voting 

4. Counting the Votes* 



CHAPTER XXII. 

LESSON LXXL— GOVERNMENT OF THE STATE 
OF MISSOURI. 



Upon renouncing their allegiance to Great Britain in 
1776, the thirteen American Colonies became as many 
independent and sovereign States. They j^ state 
sent delegates to form the Continental Con- Constitution. 
gress, but this body acted without definite 
powers for several years. The Articles of Confederation, 
which became binding March i, 1781, formed a union with 
very limited powers. The adoption of the Federal Consti- 
tution in 1789 was to form a more perfect union, to estab- 
lish justice, insure domestic tranquillity, provide for the 
common defense, promote the general welfare, and secure 
the blessings, of liberty for all the people. By this Consti- 
tution certain duties were imposed upon and certain rights 
granted to the General Government ; all the powers not 
delegated to the United States by the Constitution, how- 
ever, nor prohibited by it to the States, were reserved to the 
several States or to the people thereof. Except in the use 
of the post office and of a uniform currency, comparatively 
few citizens come in contact with the Federal Government. 
Nearly all other matters pertaining to the prosperity and 
security of the citizen in his daily life are controlled by the 
State government : it is therefore of great importance to 

243 



244 CIVIL GOVERNMENT OF MISSOURI. 

understand the form of the State government under which 
we Hve. 

The general plan of State government is set forth in a 
written constitution for each State. The constitutions of 
the original thirteen States were modeled to a great extent 
on the respective colonial charters, and became in turn the 
models upon which were framed the constitutions of the 
States that have since been admitted into the Union. 

The United States first acquired control of the Missis- 
sippi Valley west of that river by purchase from France in 
1803, the region being known as the Province of Louisiana. 
This region thus became the property of the nation at large, 
and was governed by officers appointed by the Federal au- 
thorities. 

In the subdivision of this region by Congress, the portion 
within the present limits of Missouri became successively 
parts of the District of Louisiana in 1804, the Territory of 
Louisiana in 1805, and the Territory of Missouri in 181 2. 
In 1 8 1 9 the part of this Territory embraced within the pres- 
ent State (excepting the part west of the meridian passing 
through the mouth of the Kansas River, known as the 
Platte Purchase, and added to the State in 1836) applied 
for admission into the Union. The following year. Con- 
gress having granted the necessary permission, a State con- 
stitution was adopted; and on the loth of August, 1821, 
Missouri became one of the United States, with power to 
manage its own local affairs. 

The constitution of 1820 formed the organic law of the 
State until 1865, when a new constitution was adopted, 
which continued in force until replaced by a third one in 
1875. The constitution of 1875, which forms the basis of 
the present State government, was adopted by vote of the 
people, Oct. 30, 1875, ^^^ went into operation Nov. 30, 
1875. It is inserted in full on pp. 277-352 of this book. 



STATE CONSTITUTION. 



245 



The State and Federal constitutions agree in recognizing 
the people as the sole source of authority ; in separating the 
government into three distinct departments, 

1 . , ^. . ,.,.., .2. Comparison 

— legislative, executive, and judicial; in of state and 
providing for a republican form of govern- Federal constu 
ment; and m stating the personal and 
political rights of citizens. The constitutions differ, how- 
ever, in one important respect ; namely, the Federal Con- 
stitution recites specifically the powers conferred on the 
National Government, while, the State constitution, subject 
to the Constitution of the United States, limits the power 
of the State government only by enumerating the matters 
over which it shall have no authority. 

A method of amending or revising the constitution is pro- 
vided in Article XV. (p. 346). The Legisla- 3. Amendment 
tive Department may at any time propose **** Revision. 
an amendment, which, after due publication and ratification 
by a majority of the qualified voters of the State, voting 
at the next general election, becomes part of the consti- 
tution. 

The question of revision of the constitution may also be 
proposed at any time by the Legislative Department ; but 
such revision requires the concurrence of a majority of the 
qualified voters of the State, voting at two elections, — one 
to decide that a convention of delegates to make the revis- 
ion shall be held, and another subsequent election to ratify 
the work of this convention. The delegates to the conven- 
tion are elected not less than three nor more than six 
months after the question of revision has been adopted by 
the people. 

For the method of amending the constitution by initiative 
and referendum, see pages 353, 354. 



246 CIVIL GOVERNMENT OF MISSOURI. 



LESSON LXXIL— THE LEGISLATIVE DEPART- 
MENT. 

By Article IV. (p. 283) of the constitution, the lawmak- 
ing powers are vested in the General Assembly of the State 
II. The Legisia- of Missouri, Consisting of two independ- 
tive Department, g^t bodics of legislators elected by the peo- 
ple, and called respectively the Senate and the House of 
Representatives. 

The Senate consists of thirty-four senators, while the 

1. General number of representatives composing the 
Assemhiij. Housc varies according to the population 
of the State, as ascertained by the most recent census. On 
the basis of the twelfth census (1900), there are 142 repre- 
sentatives. The members of both these bodies directly rep- 
resent the people of the State. 

Each county is entitled to at least one representative 
2. Apportion- ^^ the Housc, the city of St. Louis being 
ment. considered as a county for this purpose. 

The number of representatives (greater than one) which 
a county may have depends upon its population, and is 
determined by the General Assembly (pp. 283-284). When 
a county is entitled to more than one and less than eleven 
representatives, it is the duty of the county court to sub- 
divide the county into a corresponding number of compact 
districts, from each of which a representative shall be 
elected. In case a county is entitled to more than ten rep- 
resentatives, it is the duty of the circuit court to subdi- 
vide the county into districts, from each of which not less 
than two nor more than four representatives shall be 
elected. The apportionment after the census of 1900 
entitled St. Louis (city) to sixteen representatives ; Jackson 
County to six ; Buchanan County to four ; Jasper County to 



THE LEGISLATIVE DEPARTMENT. 247 

three ; Greene and St. Louis Counties to two each ; and the 
othfer counties of the State to one each. 

At the same time that the General Assembly apportions 
the representatives, it is also its duty (pp. 284-286) to di- 
vide the State into compact senatorial districts of as nearly 
equal population as may be. A senatorial district may em- 
brace two or more contiguous counties, but in forming such 
a district no county may be divided. In case the popula- 
tion of a county entitles it to more than one senator, it is 
the duty of the circuit court to subdivide it into a corre- 
sponding number of compact senatorial districts of approxi- 
mately equal population. If the General Assembly fails to 
redistrict the State for senators, as provided, it then be- 
comes the duty of the governor, secretary of state, and 
attorney-general to do so. The State was so districted by 
these officers after the tenth, eleventh, and twelfth censuses, 
in 1881, 1891, and 1901. 

Representatives and senators are elected by the quaHfied 
voters of their respective districts. All the „ 

^ 3. Terms of Of- 

representatives are chosen every second flee and 
year. The senatorial term is four years, 6*««^*/^««**o»*«' 
one half the number being chosen every second year. Rep- 
resentatives must be at least twenty-four years old, and 
must have been quahfied voters of the State for two years. 
Senators must be at least thirty years old, and qualified 
voters of the State, of three years' standing. Both must 
have been residents of, and actual tax-payers in, their re- 
spective districts for the year next preceding the day of 
their election. No person can become or remain a repre- 
sentative or senator while at the same time he is a member 
of Congress, or holds any lucrative office under the Federal, 
State, or any municipal government (militia officers, justices 
of the peace, and notaries public excepted). Duehng, 
sending, accepting, or knowingly carrying a challenge^ or 



248 CIVIL GOVERNMENT OF MISSOURI. 

violating the oath of office of representative or senator, 
disquahfies a person forever from holding office under the 
State government. 

The General Assembly meets biennially on the first Wed- 
nesday after the first day of January. The 

4. Sessions. 

Assembly years are odd-numbered years. 
Representatives and senators receive as compensation, in 
addition to traveling expenses to and from the State capi- 
tal, five dollars a day for the first seventy days of each ses- 
sion, and one dollar a day for the remainder of the session, 
also thirty dollars each for stationery and postage. But in 
revising sessions, each member is allowed five dollars a day 
for one hundred and twenty days, and one dollar a day for 
the remainder of the session. 

The House of Representatives elects one of its own 
^ ^ .^. number as speaker or presiding officer. 

5. Prestatng ^ jr o 

Officers and Unless Otherwise ordered, the speaker ap- 
committees. ^^^^^^ ^jj committees of the House. The 

lieutenant-governor is ex officio president of the Senate : 
he is not a member, and has no vote except in case of an 
equal division ; he appoints all committees unless otherwise 
directed by the Senate, and in committee of the whole he 
has the privilege of debate. The Senate elects a president 
pro tempore, to act as presiding officer in the absence of 
the lieutenant-governor. The president /r^ tempore acts as 
governor in case of the death or disabihty of both the gov- 
ernor and lieutenant-governor ; and, in case of his death or 
disabihty, the speaker of the House acts as governor. 

By means of petitions signed by a certain percentage of 
the voters, the people may propose a new 

7Vj 'iif^'i ft/f'i "iJi* 

and Referen- law or Constitutional amendment or may 
**^*^* order a popular vote on a law made by the 

General Assembly. Such a measure is then adopted or re- 
jected by the voters at the next election (pp. 353> 354)- 



THE LEGISLATIVE DEPARTMENT. 249 



LESSON LXXIII. —THE LEGISLATIVE DEPART- 
MENT, Continued. 

The lawmaking power of Missouri is restricted by but 
two authorities, — the Constitution of the United States and 
the State constitution. Any law violating q^ Extent of 
the provisions of either may be declared Jfowers. 
unconstitutional by the courts, and therefore null and void 
(for rights of the States and State prohibitions under the 
United States Constitution, see pp. 167-187 ; for State 
limitations of legislative power, see pp. 294-300). 

The principal matters upon which the General Assembly 
makes laws are the following : the govern- 

^7. State Tiaws. 

ment of counties, cities, townships, and 
school districts ; the organization and government of cor- 
porations, such as railroad, insurance, and banking compa- 
nies ; the rights and duties growing out of the domestic rela- 
tions, as those of parent and child, husband and wife ; the 
property rights of citizens, such as the buying and selhng, 
letting and hiring, of lands and houses, mortgages, the buy- 
ing and seUing of goods, and negotiable paper, such as 
promissory notes, drafts, and checks ; the distribution of 
property on the death of the owner ; interest and usury ; 
the relations of employer and employee ; the definition and 
punishment of crime ; the mode of procedure in courts ; 
and the exercise of suffrage. 

Most of the laws passed by the General Assembly are 
general laws ; that is, they affect equally g. General and 
all persons and places within the State. *i»e«*«* Laws. 
The State constitution (see pp. 297-299) forbids the pas- 
sage of local or special laws upon certain specified subjects 
and upon any subject, if general laws are appHcable. 



250 CIVIL GOVERNMENT OF MISSOURI. 

Special laws can be passed only after thirty days' publica- 
tion in the locality concerned. 

The method of passing laws in the General Assembly is 
9. Enactment essentially the same as that employed in the 
of Laws. Congress of the United States. The prin- 
cipal rules of procedure are as follows (see pp. 289-294) : — 

1. A law may originate in the form of a bill in either 
House, and before final passage must be read on three 
different days in each House. 

2. All bills, on their final passage in each House, must re- 
ceive the assent of the majority of the members elected, 
voting by yeas and nays ; and the vote of each member 
must be recorded in the journal. 

3. If the original bill is amended in any particular in the 
other House, it must be returned to that in which it origi- 
nated, and the amendments must be concurred in by a ma- 
jority of the members elected, by a recorded yea and nay 
vote. 

4. If passed, the bill goes to the governor ; and if signed 
by him, or if during the session it is not returned with his 
veto within ten days to the House in which it originated, it 
becomes a law. If vetoed, it fails to become a law, unless 
again passed by a two-thirds yea and nay vote in each 
House. Further, if a bill passes within ten days before the 
close of the session, it fails to become a law unless signed 
by the governor within thirty days after the close of the 
session. 

5. No law shall go into force until ninety days after the 
adjournment of the session at which it was enacted, unless, 
in case of any emergency expressed in the body of the act, 
the General Assembly shall otherwise direct by a recorded 
yea and nay vote of two thirds of the members elected to 
each House. 

As provided in the Constitution of the United States, the 



THE EXECUTIVE DEPARTMENT. 25 1 

General Assembly of Missouri elects two senators to rep- 
resent the State in the Senate of the United ^^ Election of 
States. This is done in a joint meeting of united states 
the two branches of the General Assembly. 



LESSON LXXIV.-THE EXECUTIVE DEPART- 
MENT. 

The officers of the Executive Department of Missouri are 
the governor, Heutenant- governor, secretary of state. State 
auditor, State treasurer, attorney-general, jjx. Executive 
and superintendent of public schools, all of Department. 
whom are elected by the people of the State for a term of 
four years (see pp. 300-305). 

The chief officer of the executive branch is the gov- 
ernor of the State of Missouri. He must 

1. Governor. 

be a man at least thirty-five years of age, a 
citizen of the United States for ten years, and a resident of 
Missouri for seven years next preceding his election. The 
salary of the governor is $5,000 a year. It is his duty to 
take care that the laws shall be faithfully executed. The 
governor has the power to veto, under certain restrictions 
and conditions already described, any act of the General 
Assembly ; to convene the General Assembly in extra ses- 
sion ; to grant reprieves, commutations, and pardons after 
conviction for all offenses except treason and cases of im- 
peachment ; and to appoint, with the advice and consent 
of the Senate, many important administrative officers. The 
governor is commander-in-chief of all the mihtary forces 
of the State, and is required to communicate by message to 
the General Assembly at each session information regard- 
ing the condition of the State, and to recommend such 
measures as he shall deem expedient. 

Short Civ. Gov. Mo. Ed.— 17. 



252 CIVIL GOVERNMENT OF MISSOURI. 

The lieutenant-governor must possess the quahfications 

2. JLieutenant- f^^ govemor. He presides over the Senate. 
Governor. j^ case of the death, resignation, incapaci- 
ty, or removal from office, of the governor, he becomes the 
governor. 

The secretary of state and the other executive officers 

3. Secretary of mentioned above, except the governor and 

state. lieutenant-governor, must be men at least 

twenty-five years old, citizens of the United States, and resi- 
dents of Missouri for five years next preceding the election. 
The secretary of state keeps a record of all the official acts 
of the governor ; is custodian of the great seal of the State, 
and attests the signature of the governor to official papers ; 
preserves State papers, and lays copies thereof before the 
General Assembly when so requested ; receives the returns 
of State and congressional elections ; is custodian of and 
distributes the laws and journals, paper and stationery ; and 
issues certificates of existence to incorporated companies. 

The State auditor is the general accountant of the State. 
He keeps all accounts relating to the State's 
' revenue, debt, and fiscal affairs ; passes 
apon all accounts against the State ; prepares, and presents 
to the General Assembly, a detailed statement of receipts 
and expenditures and of the condition of the public debt ; 
submits estimates and suggestions for the information of 
the General Assembly ; draws warrants on the treasury ; 
and directs prosecutions for official delinquencies in relation 
to the assessment and collection of the revenue. 

The State treasurer receives the State's moneys, and 
5. state Treas- pays them out ou the warrant of the au- 
urer. ditor ; makes monthly reports to the gov- 

ernor of the condition of the treasury ; and submits to 
each General Assembly a detailed statement of the opera- 
tions of his department for the two preceding fiscal years. 



THE JUDICIAL DEPARTMENT. 253 

The attorney-general has charge of the legal affairs of 
the State. He conducts all lawsuits with q^ Attomey- 
regard to questions in which the State has General. 
an interest, and gives legal advice to the governor and 
heads of departments and the General Assembly. 

The superintendent of public schools >^ ^ superintend- 
has charge of the State educational affairs, ent of mbUc 
(See Lesson LXXXL) **^*' *' 

There are other executive officers, not mentioned in the 
constitution, but filling offices created by _ 

' " -^8. Other Officers. 

the General Assembly. Among these are 
three railroad and warehouse commissioners, elected by 
the people for terms of six years, one commissioner being 
elected every two years ; the adjutant-general, appointed by 
the governor ; the warden of the penitentiary ; the superin- 
tendent of insurance; the commissioner of the Bureau of 
Labor Statistics; the State geologist; and the game and 
fish commissioner, appointed by the governor. The names 
of these officers indicate their respective duties. 



LESSON LXXV. — THE JUDICL\L DEPAR'raENT. 

The judicial power of Missouri is vested in the courts 
of the State. They determine the constitutionality of the 
laws enacted by the General Assembly, and jy. judicial ne- 
possess jurisdiction in all cases not reserved partment. 
by the United States Constitution to the Federal courts. 
They consist of a Supreme Court, the courts of appeals, 
circuit courts, criminal courts, probate courts, county courts, 
and municipal or corporation courts. 

The Supreme Court consists of seven judges, elected by 
the people for ten years. Three are elected i. supreme 
in 1902, 1912, etc.; and one each in 1904, Court. 

1906, 1908, 19 10, etc. Except in a few cases the Supreme 



254 CIVIL GOVERNMENT OF MISSOURI. 

Court has appellate jurisdiction only; but it exercises a 
superintending control over all inferior courts. In consti- 
tutional questions, and in cases of felony and those involving 
titles to land, it alone has appellate jurisdiction. Under cer- 
tain circumstances it can rehear cases transferred from the 
courts of appeals (see p. 349, Sec. 6). The court is divided 
into two divisions. Division No. i consists of four judges, 
and has jurisdiction in civil cases; Division No. 2 consists 
of three judges, and has jurisdiction in criminal cases. The 
court sits at the State capital, and holds two terms annually. 
It elects its chief justice. 

There are three of these courts, — the St. Louis Court of 

2. Courts of Appeals, the Kansas City Court of Appeals, 
• •4i»pea?«. ^j^(j ^\^Q Springfield Court of Appeals. 

The courts each consist of three judges, elected for twelve 
years. Two judges form a quorum. The courts have juris- 
diction in cases appealed from the inferior tribunals in their 
respective districts. They sit in St. Louis, Kansas City, and 
Springfield, respectively, and each holds a spring and a fall 
term annually. 

The State is divided into thirty-six judicial circuits, each 

3. Circuit composed of one county or of several con- 
Courts. tiguous counties. For each circuit there is 

a circuit court, consisting of one or more circuit judges, as 
the business may require, who are elected by the people in 
the respective circuits for terms of six years. The jurisdic- 
tion of these courts is original, concurrent, or appellate, in 
all cases not otherwise provided for by law, and extends 
over all inferior courts within the circuit. The circuit 
courts hold at least two terms annually in each county of 
their respective circuits. 

The jurisdiction of all other courts is confined within sin- 

4. Inferior gl^ counties, and the consideration of these 
Courts. courts is therefore more appropriately taken 

up in Lesson LXXVIII. 



PERSONAL RIGHTS. 255 



LESSON LXXVL— PERSONAL RIGHTS. 

A guaranty of the personal rights of citizens forms Ar- 
ticle II. of the Constitution of Missouri (p. 277), and is 
termed a bill of rights. Its provisions are ^ personal 
almost identical with those of the Amend- Mights. 
ments to the United States Constitution, ^' ^^'^ "^^ JUghts. 
Paragraphs (86) to (94), and Paragraphs (45) and (46) of 
that instrument. The rights thus secured are enjoyed by all, 
without distinction of sex, age, or color. The right of suf- 
frage is limited. 

The United States Constitution declares that '' all citizens 
born or naturalized in the United States 

.... 2. Citizenship. 

and subject to the jurisdiction thereof are 
citizens of the United States, and of the State wherein they 
reside." It thus appears that all persons — men, women, and 
children — bom or naturalized in the United States are citi- 
zens, but that it is left to Missouri to determine who shall 
exercise the right of suffrage or the right of voting in all 
cases. 

The State constitution (pp. 314-316) gives the right of 
suffrage to any citizen resident of the s. Suffrage. 
State, twenty-one years of age and of the (<*) Qualifications. 
male sex, provided he is not an officer, soldier, or marine 
of the regular army or navy of the United States. Idiots, 
lunatics, paupers, and prisoners are denied the right to vote, 
and the General Assembly may deny the right to persons 
convicted of infamous crimes. The right of suffrage is con- 
ferred on persons of foreign birth, otherwise qualified, who 
have declared their intention to become citizens of the 
United States, not less than one year nor more than five 
years before the vote is offered. 

To be entitled to vote, a citizen must have resided (i) 



256 CIVIL GOVERNMENT OF MISSOURI. 

in the State for one year, and (2) in the county, city, 
/l.^ T? -^ . or town for at least sixty days immediately 

preceding the election. 
In cities having more than twenty-five thousand inhabi- 
tants, only those persons can vote who have 

(c) Megistration. 

previously registered their names and places 
of residence with the proper election officers, in the elec- 
tion district or precinct in which they reside, on one of the 
days appointed for such registration. 



LESSON LXXVIL — ELECTIONS. 

In addition to the division into congressional, senatorial, 
representative, and judicial districts, Missouri is divided 
Ti. Elections, into 114 countics and the city of St. Louis. 
1. Subdivisions. The counties are divided into townships, 
which may be subdivided into election districts or precincts. 
The officers of the Executive Department (p. 251), and the 
judges of the Supreme Court, are elected by the qualified 
voters of the whole State. The representatives are elected 
by the voters of their respective districts. 

The regular elections are held biennially on the first Tues- 

2. Time and day after the first Monday of November. 
jpiace. 'pj^g election years are even-numbered 

years. The places where the votes are taken are called 
" polls." Each of these is in charge of six judges of elec- 
tion, appointed or elected from and representing equally the 
two principal political parties. The polls are open from 7 
A.M. to 6 P.M., or, if the sun sets after six, until sunset ; ex- 
cept in cities of over 25,000 inhabitants, where they are 
open from 6 a.m. to 7 p.m. 

The method of voting usually called the Australian sys- 



ELECTIONS. 257 

tern has been adopted to insure the secrecy of each per- 
son's vote, and thus to prevent bribery and intimidation and 
to secure peace and good order at the polls. 3. Manner of 
All votes are prepared upon ofhcial ballots Voting. 
printed at public expense, and distributed to the judges 
of election. Within the inclosure of each polling place is 
a number of booths or compartments to insure the privacy 
of as many voters while preparing their ballots. No one 
is allowed within the inclosure except the officials of the 
election and the voters occupying the booths. Each voter, 
upon entering the inclosure of the polling place, receives 
from the distributing judges one set of ballots, upon the back 
of which the two judges indorse their own names or initials. 
There is a separate ballot for the candidates of each party. 
The voter, retiring to a booth, selects the ballot which he wishes 
to vote, and on it marks off any names he does not wish to 
vote for, writing below them the names of the respective can- 
didates of his choice ; he then folds all the ballots separately. 
In passing out of the inclosure, the voter hands his selected 
ballot to one receiving judge, who numbers the voted ballots 
consecutively and deposits them in the ballot-box (the re- 
jected ballots are counted and deposited in another box by the 
other receiving judge). At the same time, the names of the 
voters correspondingly numbered are recorded by the elec- 
tion clerks in the poll booths. If the voter makes oath that 
he is unable to prepare his ballot, the judges may assist him. 
Two ballot-boxes are used alternately for the reception 
of ballots at each polHng place, the boxes 4, counting the 
being emptied of ballots and changed each votes. 

hour. It is the duty of two counting judges to immediately 
count and string the ballots thus voted and record the re- 
sults while the election is in progress, and to announce the 
final result pubhcly at the close of the polls. The ballots, 
strung and sealed, and one set of poll books, are then sent 



258 CIVIL GOVERNMENT OF MISSOURI. 

to the county clerk, who pubHcly verifies the additions from 
the poll book, and issues certificates of election to the suc- 
cessful candidates, or, in the case of State officers, members 
of Congress, State senators and representatives, and judges 
of the courts of appeals and circuit courts, transmits a cer- 
tified abstract of the returns to the secretary of state. 



CHAPTER XXIII. 

LESSON LXXVIIL — COUNTY, TOWNSHIP, AND 
SCHOOL DISTRICT. 



The county stands highest, and is the most important of 
the incorporated subdivisions of the State. It may be con- 
sidered as the political unit of the State, since it is the only 
corporate subdivision (except St. Louis) that is invariably 
represented in the General Assembly ; since the other sub- 
divisions, though distinct corporations, are parts of the coun- 
ties in which they are situated ; and since the State revenue 
is collected by the county officials. 

The county possesses a local government, and exercises 
legislative, executive, and judicial powers, powers of 

though these functions do not constitute Government. 

separate and distinct branches. The county court possesses 
the most extensive authority in the county government. Its 
powers extend into each of these branches. 

The county court consists of three judges, — the presid- 
ing iudge, elected every four years by the 

° •" ° ' , / , County Court. 

county at large, and the others, every two 
years, one from each of two districts into which the county 
is divided. This court meets quarterly at the county seat, 
though in counties containing seventy-five thousand or more 
inhabitants and where county courts are held at more than 
one place, the terms shall be held monthly. It has legisla- 
tive power in matters pertaining to the maintenance and 

2 5 9 



26o CIVIL GOVERNMENT OF MISSOURI. 

opening of highways, levying of taxes, and providing for the 

care of paupers. It has charge of all county property and 

finances, including the permanent county school fund, and 

a superintending control over all county business. 

Other county officers elected for four years are : a judge 

^^ of the probate court, who administers the 

other Officers. ^ ' 

law with regard to the property of deceased 
persons, and has the appointment and removal of guardians 
and administrators of estates ; a sheriff, who is charged with 
the execution of the decrees of the courts ; a county clerk, 
who has charge of all the records and all papers belonging 
to the county court, and exercises various executive functions ; 
a circuit clerk, who has similar duties in connection with the 
circuit court, and who in some of the less populous counties 
keeps the records of deeds, mortgages, etc. ; a recorder of 
deeds in most of the counties ; a coroner, who, with a jury 
of six persons, inquires into the cause of death of those who 
die by violence or casualty ; an assessor, to assess the value 
of taxable property ; a collector, to collect the taxes ; a treas- 
urer, to receive and care for the county funds ; a surveyor ; 
a public administrator ; two or more justices of the peace in 
each township ; and a county superintendent of schools, who 
examines applicants for teachers' certificates, organizes the 
county teachers' association, reports the educational statis- 
tics annually to the State superintendent, and has general 
supervision over the schools of the county. 

County officers elected every two years are : a prosecuting 
attorney, who prosecutes or defends all cases in which the 
county or State is interested, and is the legal adviser of the 
grand jury and county officers ; and at least one constable 
for each township, whose duty it is to serve warrants, writs 
of attachment, subpoenas, or other legal processes. 

The county superintendent of schools is elected at the 
school district meetings in April ; the other county officers 
at the regular elections in November. 



COUNTY, TOWNSHIP, AND SCHOOL DISTRICT. 26 1 

The counties are divided by the county court into muni- 
cipal townships, which may or may not be distinct organ- 
izations, and are not to be confounded intmicipai 
with the congressional townships established Townships. 
by the United States land surveys. The latter are simply 
territorial subdivisions, and have no political significance 
whatever. Townships without organization are simply polit- 
ical subdivisions established for convenience of administra- 
tion, with boundaries which may be changed at the discre- 
tion of the county court. Any county may, however, by a 
majority vote, adopt " township organization," whereby its 
townships may become incorporate bodies, with powers of 
local government and officers of their own. The county 
court can change the boundaries of such townships only 
when authorized to do so by a two-thirds majority of the 
voters of the townships concerned. 

In organized townships, officers are elected for two years 
on the last Tuesday of March, and are : a township trustee, 
who is also treasurer and member of the board of directors ; 
a township collector ; a township clerk, who is also assessor ; 
one constable ; two members of the township board of di- 
rectors ; and two or more justices of the peace. The board 
of directors meets at least three times a year, at the office of 
the clerk, and has power to audit accounts, to approve or 
disapprove claims against the township, to divide the town- 
ship into convenient road districts, and to levy taxes for 
township purposes. 

School districts are the simplest political corporations of 
the State. They must contain at least twenty pupils of 
school age (six to twenty years), and must 

° ^ . School Districts. 

mamtam separate schools for white and col- 
ored pupils for at least eight months annually. The voters 
of the district, in annual school meeting on the first Tues- 
day of April, determine the length (over eight months) of 



262 CIVIL GOVERNMENT OF MISSOURI. 

the school term, and amount of school levy in excess of 40 
cents on ^100 ; vote funds for the school library ; decide as to 
the disposition of school property, location of schoolhouses, 
and as to changes in boundaries of district ; and ballot for 
county superintendent, and for one of three school directors, 
who hold office for three years. The school directors elect 
a clerk and a president, and exercise government and con- 
trol over the school property of the district. They make 
rules for the organization and grading of the schools, employ 
teachers, visit the schools, enumerate the pupils, and esti- 
mate to the county clerk the probable annual cost of main- 
taining the schools of the district. 



LESSON LXXIX. — CITIES AND VILLAGES. 

Whenever the population becomes so dense in any local- 
ity that the forms of township or county 

Classification. , , ^ ,i j r 

government are inadequate to the needs 01 
the people, that locality may be marked off in definite limits, 
and incorporated as a city or a village. 

The General Assembly has passed general laws providing 
for the incorporation of cities in four classes, depending on 
their population, and defining and prescribing the organiza- 
tion and duties of the various branches of city government 
in each class. The classes are as follows : a city of the 
first class contains 75,000 or more inhabitants; a city of 
the second class contains from 30,000 to 100,000 inhabit- 
ants ; a city of the third class contains from 3,000 to 
30,000 inhabitants ; a city of the fourth class contains from 
500 to 3,000 inhabitants. Cities, therefore, owe their polit- 
ical existence to the General Assembly, which, though it 
cannot legislate for any one city by name, may at any time 



CITIES AND VILLAGES. 263 

change the general laws affecting one or more classes of 
cities. With the single exception of the city of St. Louis, 
the cities and villages of the State remain parts of the coun- 
ties in which they are situated ; are subject to county as 
well as State taxation ; and their citizens may serve as county 
officers. Unincorporated cities and towns are incorporated 
by declaration of the county court. 

Unlike the other cities of the State, St. Louis receives 
special mention in the State constitution (see pp. 322— 
325), and, in its relation to the State government, occupies 
the position of a county. The General Assembly, however, 
has the same control over St. Louis as over the other cities 
of the State, limited, however, by the provisions of the 
scheme and charter, which is part of the constitution. 

The powers and duties of a city government depend upon 
its class ; the extent of the powers, and the poivers and 
intricacy of the organization, increasing Duties. 
from cities of the fourth class to cities of the first class. In 
general, the powers and duties of a city government are 
those which are naturally required to meet the wants of a 
dense population. The more important are to grade, pave, 
light, and sewer the streets ; to regulate the construction of 
buildings ; to maintain police and fire departments ; to pre- 
vent the spread of contagious diseases and to abate nui- 
sances ; to maintain public schools ; to provide an abundant 
supply of pure water ; to control the liquor traffic ; to care 
for parks and other public places ; to collect taxes ; to 
regulate the pubHc wharves and piers for shipping ; to pro- 
vide and control pubhc hospitals and poorhouses ; and, in 
general, to see that each citizen has the largest liberty of 
action compatible with the liberty of his neighbor. 

For the better performance of its duties, the government 
of the cities of each class is divided into legislative, exec- 
utive, and judicial departments. 



264 CIVIL GOVERNMENT OF MISSOURI. 

The lawmaking power is vested in a body composed of 
representatives from each of the wards into which the city 
is divided. In cities of the fourth class this 

... Zicgislative. 

body IS called the Board of Aldermen. In 
cities of the third class, which must contain at least four 
wards, it is called the Council. In cities of the second 
class, and in St. Joseph and Kansas City, it is called the 
Common Council. In St. Louis it is called the Municipal 
Assembly. The St. Joseph common council consists of five 
members elected by the city at large. In Kansas City and 
St. Louis the lawmaking body is composed of two houses, 
the members of one being elected by the city at large, and 
those of the other being elected from the wards. It is the 
duty of these various legislative bodies to make laws, which 
are called ordinances, for the government of the city. The 
mayor of each city has the right of veto, but ordinances 
may be passed over his veto by a two-thirds vote of all the 
members. 

The principal executive officer of a city is the mayor. 
It is his duty to see that the laws and ordi- 

JSucecutive. ^ , . 1 1 • 

nances are enforced. In this work he is 
assisted by a number of administrative officers, or boards, 
who are elected or appointed, and who have charge of par- 
ticular departments. 

The principal administrative officers of the various classes 
of cities are as follows : — 

Fourth Class. Third Class. 

Marshal. Marshal. 

Collector. Police judge. 

City assessor. Attorney. 

Street commissioner. Treasurer. 

City attorney. Assessor. 

City clerk. Collector. 

Treasurer, Street commissioner. 

City clerk. 



CITIES AND VILLAGES. 



265 



First and Second Classes. 

Police judge. 
Attorney. 
Treasurer. 
Comptroller. 
Auditor. 

Board of Public "Works. 
City clerk. 
Engineer. 
Assessor. 
Counselor. 

Board of Police Com- 
missioners. 



St. Louis. 



Comptroller. 

Register. 

Auditor. 

Treasurer. 

Collector. 

Recorder of deeds. 

Inspector of meas- 
ures and weights. 

Sheriff. 

Coroner. 

Marshal. 

Public administrator. 

President Board of 
Assessors. 

President Board of 
Public Improve- 
ment. 

License collector. 



City counselor. 

District assessors. 

Superintendents of 
hospitals, work- 
house, etc. 

Supt. fire alarm and 
telegraph. 

Chief of fire depart- 
ment. 

Assessor of water 
rates. 

Police judges. 

City attorney. 

Jailer. 

Health Commissioner. 

Supply Commissioner. 

Comm'rs of streets, 
sewers, water, etc. 



In cities of the fourth class, the mayor, the marshal, and 
the collector are elected by the people every two years ; the 
others are appointed by the mayor, with the consent of 
the board of aldermen, or the board may provide for the 
election of all except the treasurer. In cities of the third 
class the officers named are elected by the people, with the 
exception of the street commissioner (who is appointed by 
the mayor) and the city clerk (who is elected by the coun- 
cil) . In cities of the first and second classes the mayor and 
the first four or five officers named are elected by the people, 
and the others hold office by appointment. In St. Louis the 
mayor and the first fourteen officers named are elected, and 
the remainder are appointed. Kansas City, like St. Louis, 
has framed a special charter for itself (p. 321), and its officers 
differ somewhat from those of other cities of the first class. 

The judicial powers of cities of the fourth class are vested 
in a mayor's court, though the board of aldermen may 



266 CIVIL GOVERNMENT OF MISSOURI. 

provide for the election of a police judge to exercise these 

functions. In cities of the third class the judicial function 

is vested in a poHce court, the police judge 

tfudicial. y • ^ -i t • • 

being elected every two years. In cities 
of the second and first classes the judicial power is vested 
in one or more police courts, the police judges being elected 
in most cities, but appointed by the mayor in St. Louis. 
Appeal lies from these courts to the regular circuit and other 
higher courts. In some of the larger cities the mass of legal 
business is so great that additional courts are established. 
Thus common pleas courts may be established in cities of 
3,500 inhabitants and over; and in the larger cities there 
may be criminal courts. 

Villages may be incorporated or unincorporated. All 
ruiage Govern- Unincorporated towns having less than 500 
menu inhabitants are declared by the statutes to 

be villages. They have no powers or organization, and are 
governed by the township or county in which they are situ- 
ated. 

A village may be incorporated by the county court upon 
application of two thirds of its taxable inhabitants. The 
organization of such incorporated village is similar to that 
of a city. The lawmaking power is vested in a board of 
five trustees, unless the village contains more than 2,500 
inhabitants, in which case the board consists of nine mem- 
bers. The trustees are elected annually. The executive 
and judicial powers are vested in a chairman of this board, 
who is assisted in his executive functions by an assessor, 
collector, constable or marshal, and treasurer, appointed by 
the board. The election of both village and city officers is 
held on the first Tuesday after the first Monday of April. 



CHAPTER XXIV. 

LESSON LXXX. — TAXATION. 



We have seen (Lesson XXVI.) that the National Govern- 
ment has the power to levy taxes to defray its expenses and 
to pay the principal and interest on the , 

national debt, and that all taxes are of two 
kinds, — direct and indirect. But to carry on the work of 
the state, county, township, city, and village governments, 
already described, large sums of money are required, which 
must be raised by taxation. These local taxes are, for the 
most part, direct taxes levied on property. Property is of 
two kinds, — real and personal. Real property, or real estate 
as it is sometimes called, consists of lands and houses. 
Personal property, or personal estate, includes every species 
of property except lands and houses. 

In order that these taxes may be justly levied, that is, in 
order that no man shall be compelled to ^ 

Assessment. 

pay a larger share in proportion to the 
amount of his property than another has to pay, it becomes 
important that the money value of all property shall be 
accurately determined. For this purpose, assessors are 
appointed in counties, townships, cities, and villages. The 
assessors prepare hsts of all the property, together with the 
owners' names, within their respective locahties, and deter- 
mine at what value the property shall be rated for the pur- 
pose of taxation. This process is called assessing the prop- 

Short Civ. Gov. Mo. Ed.— 18. 2 6 7 



268 CIVIL GOVERNMENT OF MISSOURI. 

erty. There is provision made by which a tax-payer who 
thinks his property is valued too high may appeal from the 
decision of the assessor and have the decision reviewed. 
In counties, townships, villages, and cities of the third and 
fourth classes, such appeal is taken to a board of equaliza- 
tion, consisting of the judges of the county court, the surveyor, 
and the county assessor, or, in counties with township or- 
ganization, the sheriff in place of the assessor. In cities of 
the first and second classes these appeals are taken to local 
boards. 

In the assessment of property by local assessors the same 
basis of valuation may not be adopted in 
different localities. Taxes which are levied 
on property in several localities — as state and county taxes 
and those of the larger cities — would manifestly be unfair if 
the basis of valuation were not uniform. It is therefore 
necessary that the local assessments shall be reviewed by 
some central body, and reduced to a uniform basis. This 
process is called equalization^ and is performed for the 
various townships and smaller municipahties in a county 
by the county board of equalization above alluded to ; 
for the various wards of the larger cities, by city boards of 
equalization, consisting of the president of the board of as- 
sessors and four discreet, experienced land-owners of the 
city, appointed by the judges of the circuit court ; and for 
the counties of the State, by the State board of equalization, 
consisting of the governor. State auditor. State treasurer, 
secretary of state, and attorney-general. This board meets 
annually at the State capital. 

The amount of tax to be raised for the State and its vari- 
ous subdivisions is determined by the re- 

Jjevying Taxes. . , . . . , ,. , . i 

spective legislative bodies, subject to the 
constitutional limit. The rate of taxation for the State is 
fixed by the General Assembly ; the rate for each county, by. 



TAXATION. 269 

its county court ; the rate for each city, by the council or 
board of aldermen ; and the rate for school purposes, by the 
board of directors. Boards of equalization, both state and 
county, have been created for equitably adjusting inequali- 
ties in the assessed valuation of property. 

As the state and school taxes are added to the county 
tax, and all three to the township tax, in collection of 
counties having township organization, only Taxes. 

one collection is necessary. This is made by the township 
collector, who turns over the school and township tax col- 
lections to the township treasurer, and the amount collected 
for the state and county taxes to the county treasurer, who 
in turn remits the amount of the state tax to the state 
treasurer. In counties not having township organization, 
the county collector collects all state, county, and school 
taxes. In the larger cities, the state and school taxes are 
collected by the city collectors. 

In order to secure the speedy payment of taxes, it has 
been found necessary to impose penalties 
for their non-payment. Ciurrent taxes are 
due Sept. i of each year, and if not paid by Jan. i next fol- 
lowing, they become delinquent, and interest is charged at 
the rate of one per cent a month till paid. If taxes on real 
estate remain delinquent for twelve months, the property is 
sold by the sheriff under a judgment of the court, and the 
purchaser is given a perfect title. In the case of personal 
property, the collector is empowered to seize and sell the 
same for delinquent- taxes. 



CHAPTER XXV. 

LESSON LXXXL — EDUCATION. 



As ours is a governmen*: of the people, by the people, 
and for the people, it long ago became with us a fixed 
principle of government that those who 
govern (namely, the people) should reach 
the highest degree of inteUigence attainable, that they 
might be able to govern wisely. One principal means of 
securing intelligence is education ; and, as it cannot safely 
be left to private enterprise to educate the whole mass of 
the people, common or public schools have been estabHshed 
for this purpose in every State in the Union. But this is 
not the only reason for their establishment. Idleness is one 
of the most fruitful sources of crime. And as some degree 
of education is necessary for the performance of almost any 
work, the common schools tend to prevent crime by prepar- 
ing their pupils for the duties of life. It is cheaper, and it 
is better policy every way, for the State to spend the tax- 
payers' money for the support of schools than for the sup- 
port of prisons and reformatories ; though, unfortunately, 
many of the latter must still be maintained. 

The work of supporting the common schools falls princi- 
pally upon the State, but much is also done 

National, • -, ^ mi tt • j 

by the National Government. The United 
States Government maintains an academy at West Point for 
the education of army officers ; an academy at Annapolis 

270 



EDUCATION. 271 

for the education of naval officers ; a school for deaf-mutes 
at Washington, D. C. ; a school in connection with the Sig- 
nal Service Bureau at Fort Whipple, Va. ; and schools for 
the education of Indians. Congress in 1867 established a 
Bureau of Education at Washington, which collects educa- 
tional information and publishes it for the benefit of edu- 
cators in all parts of the country. In addition, Congress 
has frequently made large grants of land and money to the 
States for the support of schools. 

A system of common schools is now established in every 
State in the Union. In Missouri the coun- 
ties are divided into school districts, and in 
each district, school must be held for at least eight months 
annually, provided a tax of forty cents on the one hundred 
dollars assessed valuation of taxable property within the dis- 
trict, together with the moneys received from the public 
funds, shall be sufficient therefor. 

In the district schools throughout the State, as a rule, in- 
struction is given in English in the foUow- 

, District Schools. 

mg elementary branches : spelhng, readmg, 
penmanship, arithmetic, grammar, geography, history of the 
United States, civil government, and physiology and hygiene 
with special instruction as to tuberculosis and the effects 
of alcoholic drinks, stimulants, and narcotics upon the 
human system. The schools of each district are under the 
general supervision of three school directors. 

Each city or incorporated village is generally organized 
into a separate school district, under the 

,.,,_,. T City Schools, 

control of a board of education, composed 
of six or more directors, elected for three years. These 
boards perform duties similar to those of the district direc- 
tors, but on a larger scale, and appoint a principal or super- 
intendent, who supervises the work of the schools. The 
city system generally embraces primary or ward schools, 



272 CIVIL GOVERNMENT OF MISSOURI. 

corresponding to the common district schools ; and high 
schools, in which higher or academic branches are taught, 
such as the rudiments of higher mathematics, the natural 
sciences, and ancient and modern languages. 

As good teachers are a prime requisite in making good 
schools, the State is divided into five dis- 

Normal Schools, . . 1 /- i • i i • i t i 1 

tricts, in each of which there is estabhshed 
a normal school for the training of white teachers. These 
five normal schools are located at Kirksville, Warrensburg, 
Cape Girardeau, Springfield, and Maryville. In the 
second district, at Jefferson City, there is also established a 
normal school, known as Lincoln Institute, for the training 
of colored teachers. Each of these schools is under the 
general control and management of a board of regents, 
consisting of the State superintendent of schools and six 
members appointed by the governor, with the advice and 
consent of the Senate. These boards make all needful rules 
for the government of the respective normal schools, pre- 
pare the course of instruction, and appoint and dismiss all 
officers and teachers. 

In addition to the normal schools, there are many 
Teachers' Cer- summcr schools which give instruction to 
tificates. tcachcrs. Work in normal schools and in 

accredited summer schools may be accepted in lieu of 
examinations for teachers' certificates. In each county 
the county superintendent of schools examines teachers at 
stated times, and issues certificates to quaHfied teachers. 
No one can teach in the public schools of the State who 
has not received a certificate. Separate teachers' institutes 
for the training and licensing of colored teachers are held at 
such times and places as the State Board of Education may 
deem necessary. 

The county text-book commission consists of the super- 
intendent and two teachers — one appointed by the county 



EDUCATION. 273 

court and the other by the State Board of Education. This 
commission selects the text-books which may be used in 
the county, and makes contracts for the same for a period 
of five years. 

The State University is estabhshed at Columbia, Boone 
County, under the control of a board of^ _ . 

state Universtty. 

nine curators, appointed for six years by the 
governor, with the advice and consent of the Senate. All 
residents of the State between the ages of sixteen and 
twenty-five years, who possess the requisite scholastic and 
moral quahfications, are admitted to any department of the 
State University upon the payment of a nominal incidental fee. 

An Agricultural College at Columbia, and a School of 
Mines at Rolla, are made distinct depart- ^^^^^^^^^^^^^^ 
ments of the State University. The course lege and school 
in these colleges includes classical studies, ofMtnes. 
but more particular attention is devoted to their respective 
sciences. 

The general supervision and control of the educational 
affairs of the State is in the hands of the Superintendent 
superintendent of public schools as presi- of Public 
dent of the State Board of Education, the s<^J^oois. 
other members of which are the governor, secretary of 
state, and attorney-general. His principal duties are to 
apportion the public-school fund among the different coun- 
ties of the State ; to interpret school law, give instructions 
for carrying the law into effect, and advice in cases of dis- 
pute ; to examine applicants and grant State certificates ; 
and to take general supervision of the educational interests 
of the State. He makes a report to the General Assembly 
at each session (and to the governor when the General As- 
sembly is not in session) , giving all required statistical in- 
formation, and making such suggestions as he may think 
proper. 



2 74 CIVIL GOVERNMENT OF MISSOURI. 

The public schools are supported by money derived from 
three sources: (i) the income from per- 

Support. 

manent state, county, and township school 
funds; (2) an appropriation from the State treasury ; and 
(3) local taxes. The permanent funds were derived largely 
from the sale of the public lands, the proceeds of the six- 
teenth section of land in each congressional township being 
set apart for this purpose. These funds are constantly in- 
creasing by the addition of the proceeds of unclaimed es- 
tates ; fines, penalties, and forfeitures ; the sale of swamp 
lands ; and money from other sources, as provided by law ; 
and now amount to more than thirteen million dollars. 

In conformity with the Constitution, the General Assem- 
bly makes a direct appropriation from the State treasury for 
the support of the public schools, the Constitution providing 
that not less than twenty-five per cent of the State revenue 
shall be applied annually to this purpose. The appropria- 
tion is usually one third of the State revenue, and, together 
with the income from the State school fund, is apportioned 
among the various districts of the State in proportion to 
their school population. The income from the county 
school fund is distributed among the various districts of the 
county, while the income from the township fund is used 
in the districts within the township. The larger part, how- 
ever, of the money required for the support of schools, is 
derived from a local school tax, which is imposed at the 
discretion of the school directors in each district, to the 
amount of forty cents on each one hundred dollars' worth of 
property. A larger local tax requires a direct appeal to the 
voters of the district. In the larger cities this tax is col- 
lected by the city collectors ; elsewhere, by the county 
collector. The total annual expense of the public school 
system of the State is over eight miUion dollars. 



CHAPTER XXVI. 

LESSON LXXXII. — THE MILITIA. 



The national Constitution gives power to Congress to 
provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections, and repel invasions, and 
declares that the right of the people to keep and bear arms 
shall not be infringed. The organization and regulation of 
the militia are left in the power of the States. 

By the term *' mihtia " is meant the whole body of male 
citizens of the State between the ages of 

Definition. 

eighteen and forty-five years, as distm- 
guished from the regular army of the United States ; but the 
same term is popularly applied to the National Guard of 
Missouri, which consists of a few thousand men who drill 
regularly and are ready for actual service. Most of these 
men are organized in infantry regiments, but there are also 
smaller units of artillery, etc. The national guard conforms 
to the organization and regulations of the United States 
army. 

The President of the United States has the power to de- 
cide when an exigency exists for calling 
%ng or i. ^^^^i^ ^y^^ miUtia. He makes a requisition 
upon the governor of the State ; and when the militia is so 
called forth, it becomes a national militia. 

The governor is the commander-in-chief of the militia of 
the State, and has power to call it out to suppress insurrec- 
tion or rebellion within the State. In case of emergency it 
is the duty of the senior commander of the local militia to 

275 



276 CIVIL GOVERNMENT OF MISSOURI. 

call out his command upon the written request of the mayor 
or chief officer of any city or town, or the sheriif of any 
county. 

The organized militia forms one division, commanded by 

a major-general and divided into brigades, regiments, bat- 

tahons, companies, etc. The governor ap- 

Organization. . ,. ^ -, ^ • ^ 

pomts the adjutant-general and his other 
staff officers, and, with the advice and consent of the Sen- 
ate, the major-general and the brigadier-generals. The 
companies elect their own officers, but the regimental or 
field officers are elected by the officers of the various com- 
panies forming the regiment. 

The officers and men of the mihtia serve without pay; 
but the state suppHes uniforms, equipments, arms, ammuni- 
tion, etc. 



CONSTITUTION 

OF THE 

STATE OF MISSOURI. 



Preamble. 

We, the people of Missouri, with profound reverence for 
the Supreme Ruler of the Universe, and grateful for his 
goodness, do, for the better government of the State, estab- 
lish this Constitution. 

Article I. — boundaries. 

Section i. The boundaries of the State as heretofore 
established by law, are hereby ratified and confirmed. The 
State shall have concurrent jurisdiction on the river Missis- 
sippi, and every other river bordering on the State, so far 
as the said rivers shall form a common boundary to this 
State and any other State or States ; and the river Missis- 
sippi and the navigable rivers and waters leading to the 
same shall be common highways, and forever free to the 
citizens of this State and of the United States, without any 
tax, duty, impost or toll therefor, imposed by this State. 

Article II. — bill of rights. 

In order to assert our rights, acknowledge our duties, and 
proclaim the principles on which our government is founded, 
we declare: 

Section i. That all political power is vested in and de- 
rived from the people ; that all government of right origi- 
nates from the people, is founded upon their will only, and 
is instituted solely for the good of the whole. 

27T 



278 CIVIL GOVERNMENT OF MISSOURI. 

Sec. 2. That the people of this State have the inherent, 
sole and exclusive right to regulate the internal government 
and police thereof, and to alter and aboHsh their Constitu- 
tion and form of government whenever they may deem it 
necessary to their safety and happiness; Provided, such 
change be not repugnant to the Constitution of the United 
States. 

Sec. 3. That Missouri is a free and independent State, 
subject only to the Constitution of the United States ; and 
as the preservation of the States and the maintenance of 
their governments are necessary to an indestructible Union, 
and were intended to co-exist with it, the Legislature is not 
authorized to adopt, nor will the people of this State ever 
assent to, any amendment or change of the Constitution of 
the United States which may in anywise impair the right of 
local self-government belonging to the people of this State. 

Sec. 4. That all constitutional government is intended to 
promote the general welfare of the people ; that all persons 
have a natural right to life, liberty and the enjoyment of 
the gains of their own industry ; that to give security to these 
things is the principal office of government, and that when 
government does not confer this security, it fails of its chief 
design. 

Sec. 5. That all men have a natural and indefeasible 
right to worship Almighty God according to the dictates of 
their own conscience ; that no person can, on account of his 
religious opinions, be rendered ineligible to any office of trust 
or profit under this State, nor be disqualified from testify- 
ing, or from serving as a juror ; that no human authority 
can control or interfere with the rights of conscience ; that 
no person ought, by any law, to be molested in his person 
or estate, on account of his religious persuasion or profes- 
sion ; but the liberty of conscience hereby secured shall not 
be so construed as to excuse acts of licentiousness, nor to 
justify practices inconsistent with the good order, peace or 
safety of this State, or with the rights of others. 

Sec. 6. That no person can be compelled to erect, sup- 



STATE CONSTITUTION. 279 

port, or attend any place or system of worship, or to main- 
tain or support any priest, minister, preacher or teacher of 
any sect, church, creed or denomination of rehgion ; but if 
any person shall voluntarily make a contract for any such 
object, he shall be held to the performance of the same. 

Sec. 7. That no money shall ever be taken from the 
public treasury, directly or indirectly, in aid of any church, 
sect or denomination of religion, or in aid of any priest, 
preacher, minister or teacher thereof as such ; and that no 
preference shall be given to, nor any discrimination made 
against, any church, sect or creed of religion, or any form 
of religious faith or worship. 

Sec. 8. That no religious corporation can be established 
in this State, except such as may be created under a general 
law for the purpose only of holding the title to such real 
estate as may be prescribed by law for church edifices, par- 
sonages and cemeteries. 

Sec. 9. That all elections shall be free and open ; and no 
power, civil or military, shall at any time interfere to pre- 
vent the free exercise of the right of suffrage. 

Sec. 10. The courts of justice shall be open to every 
person, and certain remedy afforded for every injury to per- 
son, property or character, and that right and justice should 
be administered without sale, denial or delay. 

Sec. 1 1 . That the people shall be secure in their persons, 
papers, homes and effects, from unreasonable searches and 
seizures ; and no warrant to search any place or seize any 
person or thing, shall issue without describing the place to 
be searched, or the person or thing to be seized, as nearly 
as may be ; nor without probable cause, supported by oath 
or affirmation reduced to writing. 

Sec. 12. {As amended, 1900.) No person shall be pros- 
ecuted criminally for felony or misdemeanor otherwise than 
by indictment or information, which shall be concurrent 
remedies, but this shall not be construed to apply to cases 
arising in the land or naval forces, or in the mihtia when in 
actual service in time of war or public danger. 



28o CIVIL GOVERNMENT OF MISSOURI. 

Sec. 13. That treason against the State can consist only 
in levying war against it, or in adhering to its enemies, giv- 
ing them aid and comfort ; that no person can be convicted 
of treason, unless on the testimony of two witnesses to the 
same overt act, or on his confession in open court ; that no 
person can be attainted of treason or felony by the General 
Assembly ; that no conviction can work corruption of blood 
or forfeiture of estate ; that the estates of such persons as 
may destroy their own lives shall descend or vest as in cases 
of natural death ; and when any person shall be killed by 
casualty, there shall be no forfeiture by reason thereof. 

Sec. 14. That no law shall be passed impairing the free- 
dom of speech ; that every person shall be free to say, write 
or publish whatever he will on any subject, being responsi- 
ble for all abuse of that liberty ; and that in all suits and 
prosecutions for libel the truth thereof may be given in evi- 
dence, and the jury, under the direction of the court, shall 
determine the law and the fact. 

Sec. 1 5 . That no ex post facto law, nor law impairing the 
obligation of contracts, or retrospective in its operation, or 
making any irrevocable grant of special privileges or immu- 
nities, can be passed by the General Assembly. 

Sec. 16. That imprisonment for debt shall not be al- 
lowed, except for the non-payment of fines and penalties 
imposed for violation of law. 

Sec. 17. That the right of no citizen to keep and bear 
arms in defense of his home, person and property, or in aid 
of the civil power, when thereto legally summoned, shall be 
called in question ; but nothing herein contained is intended 
to justify the practice of wearing concealed weapons. 

Sec. 18. That no person elected or appointed to any 
office or employment of trust or profit under the laws of this 
State, or any ordinance of any municipality in this State, 
shall hold such office without personally devoting his time 
to the performance of the duties to the same belonging. 

Sec. 19. That no person who is now or may hereafter 
become a collector or receiver of public money, or assistant 



STATE CONSTITUTION. 28 1 

or deputy of such collector or receiver, shall be ehgible to 
any office of trust or profit in the State of Missouri, under 
the laws thereof, or of any municipahty therein, until he 
shall have accounted for and paid over all the pubHc money 
for which he may be accountable. 

Sec. 20. That no private property can be taken for pri- 
vate use, with or without compensation, unless by the con- 
sent of the owner, except for private ways of necessity, and 
except for drains and ditches across the lands of others for 
agricultural and sanitary purposes, in such manner as may 
be prescribed by law ; and that whenever an attempt is made 
to take private property for a use alleged to be pubHc, the 
question whether the contemplated use be really pubhc shall 
be a judicial question, and as such judicially determined, 
without regard to any legislative assertion that the use is 
public. 

Sec. 21. That private property shall not be taken or 
damaged for public use without just compensation. Such 
compensation shall be ascertained by a jury or board of 
commissioners of not less than three freeholders, in such 
manner as may be prescribed by law ; and until the same 
shall be paid to the owner, or into court for the owner, the 
property shall not be disturbed or the proprietary rights of 
the owner therein divested. The fee of land taken for rail- 
road tracks without consent of the owner thereof shall re- 
main in such owner, subject to the use for which it is taken. 

Sec. 22. In criminal prosecutions the accused shall have 
the right to appear and defend, in person and by counsel ; 
to demand the nature and cause of the accusation ; to meet 
the witnesses against him face to face ; to have process to 
compel the attendance of witnesses in his behalf ; and a 
speedy public trial by an impartial jury of the county. 

Sec. 23. That no person shall be compelled to testify 
against himself in a criminal cause, nor shall any person 
after being once acquitted by a jury be again, for the same 
offense, put in jeopardy of life or liberty ; but if the jury to 
which the question of his guilt or innocence is submitted fail 



282 CIVIL GOVERNMENT OF MISSOURI. 

to render a verdict, the court before which the trial is had 
may, in its discretion, discharge the jury and commit or bail 
the prisoner for trial at the next term of court, or if the state 
of business will permit, at the same term ; and if judgment 
be arrested after a verdict of guilty on a defective indict- 
ment, or if judgment on a verdict of guilty be reversed for 
error in law, nothing herein contained shall prevent a new 
trial of the prisoner on a proper indictment, or according to 
correct principles of law. 

Sec. 24. That all persons shall be bailable by sufficient 
sureties, except for capital offenses, when the proof is evi- 
dent or the presumption great. 

Sec. 25. That excessive bail shall not be required, nor 
excessive fines imposed, nor cruel and unusual punishment 
inflicted. 

Sec. 26. That the privilege of the writ of habeas corpus 
shall never be suspended. 

Sec. 27. That the mihtary shall always be in strict subor- 
dination to the civil power ; that no soldier shall, in time of 
peace, be quartered in any house without the consent of the 
owner, nor in time of war except in the manner prescribed 
by law. 

Sec. 28. {^As amended, 1900.) The right of trial by 
jury, as heretofore enjoyed, shall remain inviolate ; but a 
jury for the trial of criminal or civil cases, in courts not of 
record, may consist of less than twelve men, as may be pre- 
scribed by law ; and that a two-thirds majority of such num- 
ber prescribed by law concurring may render a verdict in 
all civil cases ; and that in the trial by jury of all civil cases 
in courts of record three- fourths of the members of the jury 
concurring may render a verdict. Hereafter a grand jury 
shall consist of twelve men, any nine of whom concurring 
may find an indictment or a true bill : Provided, however, 
that no grand jury shall be convened except upon an order 
of a judge of a court having the power to try and determine 
felonies ; but when so assembled such grand jury shall have 



STATE CONSTITUTION. 283 

power to investigate and return indictments for all character 
and grades of crime. 

Sec. 29. That the people have the right peaceably to 
assemble for their common good, and to apply to those in- 
vested with the powers of government for redress of griev- 
ances, by petition or remonstrance. 

Sec. 30. That no person shall be deprived of life, liberty 
or property without due process of law. 

Sec. 31. That there cannot be in this State either slavery 
or involuntary servitude, except as a punishment for crime, 
whereof the party shall have been duly convicted. 

Sec. 32. The enumeration in this Constitution of certain 
rights shall not be construed to' deny, impair or disparage 
others retained by the people. 

Article III. — the distribution of powers. 

The powers of government shall be divided into three 
distinct departments — the legislative, executive and judicial 
— each of which shall be confided to a separate magistracy, 
aifd no person, or collection of persons, charged with the 
exercise of powers properly belonging to one of those de- 
partments, shall exercise any power properly belonging to 
either of the others, except in the instances in this Consti- 
tution expressly directed or permitted. 

Article IV. — legislative department. 

Section i. The legislative power, subject to the limita- 
tions herein contained, shall be vested in a Senate and House 
of Representatives, to be styled " The General Assembly of 
the State of Missouri." {Vox Amendment of Yf^o'^^'s^^^^.^'^'^^ 

representation and apportionment. 

Sec. 2. The House of Representatives shall consist of 
members to be chosen every second year by the qualified 
voters of the several counties, and apportioned in the fol- 



284 CIVIL GOVERNMENT OF MISSOURI. 

lowing manner : The ratio of representation shall be ascer- 
tained at each apportioning session of the General Assembly, 
by dividing the whole number of inhabitants of the State, as 
ascertained by the last decennial census of the United States, 
by the number two hundred. Each county having one 
ratio, or less, shall be entitled to one Representative ; each 
county having two and a half times said ratio shall be enti- 
tled to two Representatives ; each county having four times 
said ratio shall be entitled to three Representatives ; each 
county having six times such ratio shall be entitled to four 
Representatives, and so on above that number, giving one 
additional member for every two and a half additional ratios. 

Sec. 3. When any county shall be entitled to more than 
one Representative, the county court shall cause such county 
to be subdivided into districts of compact and contiguous 
territory, corresponding in number to the Representatives to 
which such county is entitled, and in population as nearly 
equal as may be, in each of which the qualified voters shall 
elect one Representative, who shall be a resident of such 
district : Provided, that when any county shall be entitled 
to more than ten Representatives, the circuit court shall 
cause such county to be subdivided into districts, so as to 
give each district not less than two nor more than four Rep- 
resentatives, who shall be residents of such district — the 
population of the districts to be proportioned to the number 
of Representatives to be elected therefrom. 

Sec. 4. No person shall be a member of the House of 
Representatives who shall not have attained the age of 
twenty-four years, who shall not be a male citizen of the 
United States, who shall not have been a qualified voter of 
this State two years, and an inhabitant of the county or dis- 
trict which he may be chosen to represent one year next 
before the day of his election — if such county or district 
shall have been so long established, but if ,not, then of the 
county or district from which the same shall have been taken 
— and who shall not have paid a State and county tax within 
one year next preceding the election. 



STATE CONSTITUTION. 285 

Sec. 5. The Senate shall consist of thirty-four members, 
to be chosen by the qualified voters of their respective dis- 
tricts for four years. For the election of Senators the State 
shall be divided into convenient districts, as nearly equal in 
population as may be, the same to be ascertained by the last 
decennial census taken by the United States. 

Sec. 6. No person shall be a Senator who shall not have 
attained the age of thirty years, who shall not be a male 
citizen of the United States, who shall not have been a 
qualified voter of this State three years, and an inhabitant 
of the district which he may be chosen to represent one 
year next before the day of his election—if such district 
shall have been so long established, but if not, then of the 
district or districts from which the same shall have been 
taken — and who shall not have paid a State and county tax 
within one year next preceding the election. When any 
county shall be entitled to more than one Senator, the cir- 
cuit court shall cause such county to be subdivided into dis- 
tricts of compact and contiguous territory, and of popula- 
tion as nearly equal as may be, corresponding in number 
with the Senators to which such county may be entitled ; 
and in each of these one Senator, who shall be a resi- 
dent of such district, shall be elected by the qualified voters 
thereof. 

Sec. 7. Senators and Representatives shall be chosen 
according to the rule of apportionment established in this 
Constitution, until the next decennial census by the United 
States shall have been taken, and the result thereof as to 
this State ascertained, when the apportionment shall be re- 
vised and adjusted on the basis of that census, and every 
ten years thereafter upon the basis of the United States cen- 
sus, or if such census be not taken, or is delayed, then on 
the basis of a State census — such apportionment to be made 
at the first session of the General Assembly after each such 
census : Provided, that if at any time, or from any cause, 
the General Assembly shall fail or refuse to district the State 
for Senators, as required in this section, it shall be the duty 



2 86 CIVIL GOVERNMENT OF MISSOURI. 

of the Governor, Secretary of State and Attorney-General, 
within thirty days after the adjournment of the General As- 
sembly on which such duty devolved, to perform said duty, 
and to file in the office of the Secretary of State a full state- 
ment of the districts formed by them, including the names 
of the counties embraced in each district, and the numbers 
thereof — said statement to be signed by them, and attested 
by the Great Seal of the State, and upon the proclamation 
of the Governor, the same shall be as binding and effectual 
as if done by the General Assembly. 

Sec. 8. ((9/" only temporary effect; provided the appor- 
tionment of Representatives for 1876-1881.) 

Sec. 9. Senatorial and representative districts may be 
altered, from time to time, as public convenience may re- 
quire. When any senatorial district shall be composed of 
two or more counties, they shall be contiguous — such dis- 
tricts to be as compact as may be — and in the formation of 
the same no county shall be divided. 

Sec. 10. The first election of Senators and Representa- 
tives, under this Constitution, shall be held at the general 
election in the year one thousand eight hundred and seventy- 
six, when the whole number of Representatives, and the 
Senators from the districts having odd numbers, who shall 
compose the first class, shall be chosen; and in one thou- 
sand eight hundred and seventy-eight, the Senators from 
the districts having even numbers, who shall compose the 
second class ; and so on at each succeeding general election, 
half the Senators provided for by this Constitution shall be 
chosen. 

Sec. II. (^Of only temporary effect; provided the senato- 
rial districts for 1876-1881.) 

Sec. 12. No Senator or Representative shall, during the 
term for which he shall have been elected, be appointed to 
any office under this State or any municipality thereof; and 
no member of Congress or person holding any lucrative 
office under the United States, or this State, or any munici- 
pality thereof (miUtia officers, justices of the peace and no- 



STATE CONSTITUTION. 287 

taries public excepted), shall be eligible to either house of 

the General Assembly, or remain a member thereof, after 
having accepted any such office or seat in either house of 
Congress. 

Sec. 13. If any Senator or Representative remove his 
residence from the district or county for which he was 
elected, his office shall thereby be vacated. 

Sec. 14. Writs of election to fill such vacancies as may 
occur in either house of the General Assembly shall be issued 
by the Governor. 

Sec. 15. Every Senator and Representative elect, be- 
fore entering upon the duties of his office, shall take and 
subscribe the following oath or affirmation : " I do solemnly 
swear [or affirm] that I will support the Constitution of the 
United States and of the State of Missouri, and faithfully 
perform the duties of my office ; and that I will not know- 
ingly receive, directly or indirectly, any money or other 
valuable thing, for the performance or non-performance of 
any act or duty pertaining to my office, other than the com- 
pensation allowed by law." The oath shall be administered 
in the halls of their respective houses, to the members 
thereof, by some judge of the Supreme court, or the Cir- 
' cuit court or the County court of Cole county, or, after the 
organization, by the presiding officer of either house, and 
shall be filed in the office of the Secretary of State. Any 
member of either house refusing to take said oath or affirma- 
tion shall be deemed to have thereby vacated his office, and 
any member convicted of having violated his oath or affir- 
mation shall be deemed guilty of perjury, and be forever 
thereafter disqualified from holding any office of trust or 
profit in this State. 

Sec. 16. The members of the General Assembly shall 
severally receive from the pubHc treasury such compensation 
for their services as may, from time to time, be provided by 
law, not to exceed five dollars per day for the first seventy 
days of each session, and after that not to exceed one dollar 
per day for the remainder of the session, except the first ses- 



288 CIVIL GOVERNMENT OF MISSOURI. 

sion held under this Constitution, and during revising ses- 
sions, when they may receive five dollars per day for one 
hundred and twenty days, and one dollar per day for the 
remainder of such sessions. In addition to per diem, the 
members shall be entitled to receive traveling expenses or 
mileage, for any regular and extra session, not greater than 
now provided by law ; but no member shall be entitled to 
traveling expenses or mileage for any extra session that may 
be called within one day after an adjournment of a regular 
session. Committees of either house, or joint committees 
of both houses, appointed to examine the institutions of the 
State, other than those at the seat of government, may re- 
ceive their actual expenses, necessarily incurred while in the 
performance of such duty — the items of such expenses to be 
returned to the chairman of such committee, and by him 
certified to the State Auditor, before the same, or any part 
thereof, can be paid. Each member may receive at each 
regular session an additional sum of thirty dollars, which 
shall be in full for all stationery used in his official capacity, 
and all postage, and all other incidental expenses and per- 
quisites ; and no allowance or emoluments, for any purpose 
whatever, shall be made to or received by the members, or 
any member of either house, or for their use, out of the con- 
tingent fund or otherwise, except as herein expressly pro- 
vided ; and no allowance or emolument, for any purpose 
whatever, shall ever be paid to any officer, agent, servant or 
employe of either house of the General Assembly, or of any 
committee thereof, except such per diem as may be pro- 
vided for by law, not to exceed five dollars. 

Sec. 17. Each house shall appoint its own officers ; shall 
be sole judge of the quahfications, election and returns of 
its own members ; may determine the rules of its own pro- 
ceedings, except as herein provided ; may arrest and punish 
by fine not exceeding three hundred dollars, or imprison- 
ment in a county jail not exceeding ten days, or both, any 
person, not a member, who shall be guilty of disrespect to 
the house by any disorderly or contemptuous behavior in its 



STATE CONSTITUTION. 289 

presence during its sessions ; may punish its members for 

disorderly conduct, and, with the concurrence of two-thirds 
of all members elect, may expel a member ; but no member 
shall be expelled a second time for the same cause. 

Sec. 18. A majority of the whole number of members of 
each house shall constitute a quorum to do business ; but a 
smaller number may adjourn from day to day, and may 
compel the attendance of absent members in such manner 
and under such penalties as each house may provide. 

Sec. 19. The sessions of each house shall be held with 
open doors, except in cases which may require secrecy. 

Sec. 20. The General Assembly elected in the year one 
thousand eight hundred and seventy-six shall meet on the 
first Wednesday after the first day of January, one thousand 
eight hundred and seventy-seven ; and thereafter the Gen- 
eral Assembly shall meet in regular session once only in 
every two years ; and such meeting shall be on the first 
Wednesday after the first day of January next after the 
elections of the members thereof. 

Sec. 21. Every adjournment or recess taken by the 
General Assembly for more than three days shall have the 
effect of and be an adjournment sine die. 

Sec. 22. Every adjournment or recess taken by the Gen- 
eral Assembly for three days or less shall be construed as 
not interrupting the session at which they are had or taken, 
but as continuing the session for all the purposes mentioned 
in section sixteen of this article. 

Sec. 23, Neither house shall, without the consent of the 
other, adjourn for more than two days at any one time, nor 
to any other place than that in which the two houses may 
be sitting. 

LEGISLATIVE PROCEEDINGS. 

Sec. 24. The style of the laws of this State shall be: 
''Beit enacted by the General Assembly of the State of Mis- 
souri, as follow s.^^ 

Sec. 25. No law shall be passed, except by bill, and no 



290 CIVIL GOVERNMENT OF MISSOURI. 

bill shall be so amended in its passage through either house 

as to change its original purpose. 

Sec. 26. Bills may originate in either house, and may be 
amended or rejected by the other ; and every bill shall be 
read on three diiferent days in each house. 

Sec. 27. No bill shall be considered for final passage 
unless the same has been reported upon by a committee and 
printed for the use of the members. 

Sec. 28. No bill (except general appropriation bills, 
which may embrace the various subjects and accounts for 
and on account of which moneys are appropriated, and ex- 
cept bills passed under the third subdivision of section forty- 
four of this article) shall contain more than one subject, 
which shall be clearly expressed in its title. 

Sec. 29. All amendments adopted by either house to a 
bill pending and originating in the same shall be incorpo- 
rated with the bill by engrossment, and the bill, as thus en- 
grossed, shall be printed for the use of the members before 
its final passage. The engrossing and printing shall be 
under the supervision of a committee, whose report to the 
house shall set forth, in writing, that they find the bill truly 
engrossed, and that the printed copy furnished to the mem- 
bers is correct. 

Sec. 30. If a bill passed by either house be returned 
thereto, amended by the other, the house to which the same 
is returned shall cause 'the amendment or amendments so 
received to be printed under the same supervision as pro- 
vided in the next preceding section, for the use of the mem- 
bers, before final action on such amendments. 

Sec. 31. No bill shall become a law unless on its final 
passage the vote be taken by yeas and nays, the names of 
the members voting for and against the same be entered on 
the journal, and a majority of the members elected to each 
house be recorded thereon as voting in its favor. 

Sec. 32. No amendment to bills by one house shall be 
concurred in by the other, except by a vote of a majority of 
the members elected thereto, taken by yeas and nays, and 



STATE CONSTITUTION. 29 1 

the names of those voting for and against recorded upon the 
journal thereof; and reports of committees of conference 
shall be adopted in either house only by the vote of a major- 
ity of the members elected thereto, taken by yeas and nays, 
and the names of those voting recorded upon the journal. 

Sec. 2)?)' No act shall be revived or re-enacted by mere 
reference to the title thereof, but the same shall be set forth 
at length, as if it were an original act. 

Sec. 34. No act shall be amended by providing that 
designated words thereof be stricken out, or that designated 
words be inserted, or that designated words be stricken out 
and others inserted in lieu thereof ; but the words to be 
stricken out, or the words to be inserted, or the words to 
be stricken out and those inserted in lieu thereof, together 
with the act or section amended, shall be set forth in full as 
amended. 

Sec. 35. When a bill is put- upon its final passage in 
either house, and, failing to pass, a motion is made to re- 
consider the vote by which it was defeated, the vote upon 
such motion to reconsider shall be immediately taken, and 
the subject finally disposed of before the house proceeds to 
any other business. 

Sec. 2i(i' No law passed by the General Assembly, except 
the general appropriation act, shall take effect or go into 
force until ninety days after the adjournment of the session 
at which it was enacted, unless in case of an emergency 
(which emergency must be expressed in the preamble or in 
the body of the act), the General Assembly shall, by a vote 
of two-thirds of all the members elected to each house, 
otherwise direct — said vote to be taken by yeas and nays, 
and entered upon the journal. 

Sec. 37. No bill shall become a law until the same shall 
have been signed by the presiding officer of each of the two 
houses in open session ; and before such officer shall affix 
his signature to any bill, he shall suspend all other business, 
declare that such bill will now be read, and that, if no ob- 
jections be made, he will sign the same to the end that it 



292 CIVIL GOVERNMENT OF MISSOURI. 

may become a law. The bill shall then be read at length, 
and if no objections be made, he shall, in presence of the 
house in open session, and before any other business is en- 
tertained, affix his signature, which fact shall be noted on 
the journal, and the bill immediately sent to the other house. 
When it reaches the other house, the presiding officer thereof 
shall immediately suspend all other business, announce the 
reception of the bill, and the same proceedings shall there- 
upon be observed, in every respect, as in the house in which 
it was first signed. If in either house any member shall 
object that any substitution, omission or insertion has oc- 
curred, so that the bill proposed to be signed is not the 
same in substance and form as when considered and passed 
by the house, or that any particular clause of this article of 
the Constitution has been violated in its passage, such ob- 
jection shall be passed upon by the house, and if sustained, 
the presiding officer shall withhold his signature ; but if such 
objection shall not be sustained, then any five members may 
embody the same, over their signatures, in a written pro- 
test, under oath, against the signing of the bill. Said pro- 
test, when offered in the house, shall be noted upon the 
journal, and the original shall be annexed to the bill, to be 
considered by the Governor in connection therewith. 

Sec. 38. When the bill has been signed, as provided for 
in the preceding section, it shall be the duty of the Secretary 
of the Senate, if the bill originated in the Senate, and of the 
Chief Clerk of the House of Representatives, if the bill 
originated in the House, to present the same in person, on 
the same day on which it was signed as aforesaid, to the 
Governor, and enter the fact upon the journal. Every bill 
presented to the Governor, and returned within ten days to 
the house in which the same originated, with the approval 
of the Governor, shall become a law, unless it be in viola- 
tion of some provision of this Constitution. 

Sec. 39. Every bill presented as aforesaid, but returned 
without the approval of the Governor, and with his objec- 
tions thereto, shall stand as reconsidered in the house to 



STATE CONSTITUTION. ^93 

which it is returned. The house shall cause the objections 
of the Governor to be entered at large upon the journal, 
and proceed, at its convenience, to consider the question 
pending, which shall be in this form : '' Shall the bill pass, 
the objections of the Governor thereto notwithstanding?" 
The vote upon this question shall be taken by yeas and nays, 
and the names entered upon the journal, and if two-thirds 
of all the members elected to the house vote in the affirma- 
tive, the presiding officer of that house shall certify that fact 
on the roll, attesting the same by his signature, and send 
the bill, with the objections of the Governor, to the other 
house, in which like proceedings shall be had in relation 
thereto ; and if the bill receive a hke majority of the votes 
of all the members elected to that house, the vote being 
taken by yeas and nays, the presiding officer thereof shall, 
in like manner, certify the fact upon the bill. The bill thus 
certified shall be deposited in the office of the Secretary of 
State, as an authentic act, and shall become a law in the 
same manner and with like effect as if it had received the 
approval of the Governor. 

Sec. 40. Whenever the Governor shall fail to perform 
his duty, as prescribed in section twelve, Article V of this 
Constitution, in relation to any bill presented to him for his 
approval, the General Assembly may, by joint resolution, 
reciting the fact of such failure and the bill at length, direct 
the Secretary of State to enroll the same as an authentic 
act, in the archives of the State, and such enrollment shall 
have the same effect as an approval by the Governor: 
Provided, that such joint resolution shall not be submitted to 
the Governor for his approval. 

Sec. 41. Within five years after the adoption of this 
Constitution, all the statute laws of a general nature, both 
civil and criminal, shall be revised, digested and promul- 
gated in such manner as the General Assembly shall direct ; 
and a like revision, digest and promulgation shall be made 
at the expiration of every subsequent period of ten years. 
Sec. 42. Each house shall, from time to time, publish a 



294 CIVIL GOVERNMENT OF MISSOURI. 

journal of its proceedings, and Jthe yeas and nays on any 
question shall be taken and entered on the journal at the 
motion of any two members. Whenever the yeas and nays 
are demanded, the whole list of members shall be called, 
and the names of the absentees shall be noted and pub- 
lished in the journal. 

LIMITATION OF LEGISLATIVE POWER. 

Sec. 43. All revenue collected and moneys received by 
the State, from any source whatsoever, shall go into the 
treasury, and the General Assembly shall have no power to 
divert the same, or to permit money to be drawn from the 
treasury, except in pursuance of regular appropriations made 
by law. All appropriations of money by the successive 
General Assemblies shall be made in the following order : 

First — For the payment of all interest upon the bonded 
debt of the State that may become due during the term for 
which each General Assembly is elected. 

Second — For the benefit of the sinking fund, which shall 
not be less annually than two hundred and fifty thousand 
dollars. 

Third — For free public school purposes. 

Fourth — For the payment of the cost of assessing and 
collecting the revenue. 

Fifth — For the payment of the civil list. 

Sixth — For the support of the eleemosynary institutions 
of the State. 

Seventh — For the pay of the General Assembly, and such 
other purposes, not herein prohibited, as it may deem neces- 
sary ; but no General Assembly shall have power to make 
any appropriation of money for any purpose whatsoever, 
until the respective sums necessary for the purposes in this 
section specified have been set apart and appropriated, or to 
give priority in its action to a succeeding over a preceding 
item as above enumerated. 

Sec. 44. The General Assembly shall have no power to 
contract or to authorize the contracting of any debt or lia- 



STATE CONSTITUTION. 295 

bility on behalf of the State, or to issue bonds or other evi- 
dences of indebtedness thereof, except in the following cases : 

First — In renewal of existing bonds, when they cannot 
be paid at maturity, out of the sinking fund or other re- 
sources. 

Second — On the occurring of an unforeseen emergency, 
or casual deficiency of the revenue when the temporary lia- 
bihty incurred, upon the recommendation of the Governor 
first had, shall not exceed the sum of two hundred and fifty 
thousand dollars for any one year, to be paid in not more 
than two years from and after its creation. 

Third — On the occurring of any unforeseen emergency 
or casual deficiency of the revenue, when the temporary 
HabiHty incurred or to be incurred shall exceed the sum of 
two hundred and fifty thousand dollars for any one year, 
the General Assembly may submit an act providing for the 
loan, or for the contracting of the liability, and containing 
a provision for levying a tax sufficient to pay the interest 
and principal when they become due (the latter in not more 
than thirteen years from the date of its creation), to the 
qualified voters of the State, and when the act so submitted 
shall have been ratified by a two-thirds majority, at an 
election held for that purpose, due publication having been 
made of the provisions of the act for at least three months 
before such election, the act thus ratified shall be irrepeal- 
able until the debt thereby incurred shall be paid, principal 
and interest. 

Sec. 45. (As amended, 1900.) The General Assembly 
shall have no power to give or to lend, or to authorize the 
giving or lending of the credit of the State in aid of or to 
any person, association or corporation, whether municipal 
or other, or to pledge the credit of the State in any manner 
whatsoever, for the payment of the liabiHties, present or 
prospective, of any individual, association of individuals, 
municipal or other corporation whatsoever : Provided, that 
the General Assembly shall have the power to appropriate 
from funds in the State sinking fund, being the proceeds of 



296 CIVIL GOVERNMENT OF MISSOURI. 

the tax authorized under section 14 of article X of the 
Constitution, to an amount not exceeding one million dol- 
lars for the exhibition of the resources, products and indus- 
tries of the State in the centennial celebration of the 
Louisiana purchase in the city of St. Louis. 

Sec. 46. The General Assembly shall have no power to 
make any grant or to authorize the making of any grant of 
public money or thing of value to any individual, associa- 
tion of individuals, municipal or other corporation whatso- 
ever : Provided, that this shall not be so construed as to 
prevent the grant of aid in a case of pubHc calamity. 

Sec. 47. {^As amended, 1892.) The General Assembly 
shall have no power to authorize any county, city, town or 
township, or other poHtical corporation or subdivision of the 
State now existing, or that may be hereafter established, to 
lend its credit or to grant public money or thing of value in 
aid of or to any individual, association or corporation what- 
soever, or to become a stockholder in such corporation, 
association or company : Provided, that this shall not be so 
construed as to prohibit the General Assembly from provid- 
ing by law for authorizing the creation, maintenance and 
management of a fund for the pensioning of crippled and 
disabled firemen, and for the relief of the widows and minor 
children of deceased firemen, by such ■ cities, villages or in- 
corporated towns as may have an organized fire department 
— said fund to be taken from the municipal revenue of such 
cities, villages or incorporated towns. 

Sec. 48. The General Assembly shall have no power to 
grant or to authorize any county or municipal authority to 
grant any extra compensation, fee or allowance to a public 
officer, agent, servant or contractor, after service has been 
rendered or a contract has been entered into and performed 
in whole or in part, nor pay nor authorize the payment of 
any claim hereafter created against the State, or any county 
or municipality of the State, under any agreement or con- 
tract made without express authority of law ; and all such 
unauthorized agreements or contracts shall be null and void. 



STATE CONSTITUTION. 297 

Sec. 49. The General Assembly shall have no power 
hereafter to subscribe or authorize the subscription of stock 
on behalf of the State, in any corporation or association, 
except for the purpose of securing loans heretofore extended 
to certain railroad corporations by the State. 

Sec. 50. The General Assembly shall have no power to 
release or alienate the lien held by the State upon any rail- 
road, or in anywise change the tenor or meaning or pass 
any act explanatory thereof ; but the same shall be enforced 
in accordance with the original terms upon which it was 
acquired. 

Sec. 51. The General Assembly shall have no power to 
release or extinguish, or authorize the releasing or extin- 
guishing, in whole or in part, the indebtedness, UabiUty or 
obUgation of any corporation or individual to this State, or 
to any county or other municipal corporation therein. 

Sec. 52. The General Assembly shall have no power to 
make any appropriation of money, or to issue any bonds 
or other evidences of indebtedness for the payment or on 
account or in recognition of any claims audited or that 
may hereafter be audited by virtue of an act entided "An 
act to audit and adjust the war debt of the State," approved 
March 19, 1874, or any act of a similar nature, until after 
the claims so audited shall have been presented to and paid 
by the Government of the United States to the State of 
Missouri. 

Sec. 53. The General Assembly shall not pass any local 

or special law : 

Authorizing the creation, extension or impairing of hens ; 

Regulating the affairs of counties, cities, townships, wards 
or school districts ; 

Changing the names of persons or places ; 

Changing the venue in civil or criminal cases ; 

Authorizing the laying out, opening, altering or maintain- 
ing roads, highways, streets or alleys ; 

Relating to ferries or bridges, or incorporating ferry or 
bridge companies, except for the erection of bridges cross- 



298 CIVIL GOVERNMENT OF MISSOURI. 

ing streams which form boundaries between this and any 
other State ; 

Vacating roads, town plats, streets or alleys ; 

Relating to cemeteries, grave-yards or public grounds not 
of the State ; 

Authorizing the adoption or legitimation of children ; 

Locating or changing county seats ; 

Incorporating cities, towns or villages, or changing their 
charters ; 

For the opening and conducting of elections, or fixing or 
changing the places of voting ; 

Granting divorces ; 

Erecting new townships, or changing township lines, or 
the lines of school districts ; 

Creating offices, or prescribing the powers and duties of 
officers in counties, cities, townships, election or school dis- 
tricts ; 

Changing the law of descent or succession 5 

Regulating the practice or jurisdiction of or changing the 
rules of evidence in any judicial proceeding or inquiry be- 
fore courts, justices of the peace, sheriffs, commissioners, 
arbitrators or other tribunals, or providing or changing 
methods for the collection of debts, or the enforcing of 
judgments, or prescribing the effect of judicial sales of real 
estate ; 

Regulating the fees or extending the powers and duties 
of aldermen, justices of the peace, magistrates or con- 
stables ; 

Regulating the management of public schools, the build- 
ing or repairing of school-houses, and the raising of money 
for such purposes ; 

Fixing the rate of interest ; 

Affecting the estates of minors or persons under disability ; 

Remitting fines, penalties and forfeitures, or refunding 
moneys legally paid into the treasury ; 

Exempting property from taxation ; 

Regulating labor, trade, mining or manufacturing ; 



STATE CONSTITUTION. 



299 



Creating corporations, or amending, renewing, extending 
or explaining the charter thereof ; 

Granting to any corporation, association or individual 
any special or exclusive right, privilege or immunity, or to 
any corporation, association or individual the right to lay 
down a railroad track ; 

Declaring any named person of age ; 

Extending the time for the assessment or collection of 
taxes, or otherwise relieving any assessor or collector of 
taxes from the due performance of their official duties, or 
their securities from HabiHty ; 

Giving effect to informal or invalid wills or deeds ; 

Summoning or empaneling grand or petit juries ; 

For hmitation of civil actions ; 

Legalizing the unauthorized or invahd acts of any offi- 
cer or agent of the State, or of any county or municipality 
thereof. In all other cases where a general law can be 
made apphcable, no local or special law shall be enacted ; 
and whether a general law could have been made applicable 
in any case is hereby declared a judicial question, and as 
such shall be judicially determined without regard to any 
legislative assertion on that subject ; 

Nor shall the General Assembly indirectly enact such 
special or local law by the partial repeal of a general law ; 
but laws repealing local or special acts may be passed. 

Sec. 54. No local or special law shall be passed unless 
notice of the intention to apply therefor shall have been 
pubHshed in the locahty where the matter or thing to be 
affected may be situated,' which notice shall state the sub- 
stance of the contemplated law, and shall be published at 
least thirty days prior to the introduction into the General 
Assembly of such bill, and in the manner to be provided 
by law. The evidence of such notice having been pub- 
lished shall be exhibited in the General Assembly before 
such act shall be passed, and the notice shall be recited in 
the act according to its tenor. 

Sec. 55. The General Assembly shall have no power, 



300 CIVIL GOVERNMENT OF MISSOURI. 

when convened in extra session by the Governor, to act 
upon subjects other than those specially designated in the 
proclamation by which the session is called, or recom- 
mended by special message to its consideration by the Gov- 
ernor after it shall have been convened. 

Sec. 56. The General Assembly shall have no power to 
remove the seat of government of this State from the City 
of Jefferson. 

Article V. — executive department. 

Section i. The Executive department shall consist of a 
Governor, Lieutenant-Governor, Secretary of State, State 
Auditor, State Treasurer, Attorney- General and Superintend- 
ent of Public Schools, all of whom, except the Lieutenant- 
Governor, shall reside at the seat of government during 
their term of office, and keep the public records, books and 
papers there, and shall perform such duties as may be pre- 
scribed by law. 

Sec. 2. The term of office of the Governor, Lieuten- 
ant-Governor, Secretary of State, State Auditor, State 
Treasurer, Attorney- General and Superintendent of Public 
Schools shall be four years from the second Monday of 
January next after their election, and until their successors 
are elected and qualified ; and the Governor and State 
Treasurer shall be ineligible to re-election as their own suc- 
cessors. At the general election to be held in the year one 
thousand eight hundred and seventy-six, and every four 
years thereafter, all of such officers, except the Superintend- 
ent of Public Schools, shall be elected, and the Superin- 
tendent of Public Schools shall be elected at the general 
election in the year one thousand eight hundred and sev- 
enty-eight, and every four years thereafter. 

Sec. 3. The returns of every election for the above 
named officers shall be sealed up and transmitted by the 
returning officers to the Secretary of State, directed to the 
Speaker of the House of Representatives, who shall, im- 
mediately after the organization of the House, and before 



STATE CONSTITUTION. 3OI 

proceeding to other business, open and publish the same 
in the presence of a majority of each house of the General 
Assembly, who shall for that purpose assemble in the hall 
of the House of Representatives. The person having the 
highest number of votes for either of said offices shall be 
declared duly elected ; but if two or more shall have an 
equal and the highest number of votes, the General Assem- 
bly shall, by joint vote, choose one of such persons for said 
office. 

Sec. 4. The supreme executive power shall be vested in 
a chief magistrate, who shall be styled " The Governor of 
the State of Missoiuri." 

Sec. 5. The Governor shall be at least thirty-five years 
old, a male, and shall have been a citizen of the United 
States ten years, and a resident of this State seven years 
next before his election. 

Sec. 6. The Governor shall take care that the laws are 
distributed and faithfully executed ; and he shall be a con- 
servator of the peace throughout the State. 

Sec. 7. • The Governor shall be commander-in-chief of 
the militia of this State, except when they shall be called 
into the service of the United States, and may call out the 
same to execute the laws, suppress insurrection and repel 
invasion ; but he need not command in person unless 
directed so to do by a resolution of the General Assembly. 

Sec. 8. The Governor shall have power to grant re- 
prieves, commutations and pardons, after conviction, for all 
offenses, except treason and cases of impeachment, upon 
such condition and with such restrictions and limitations as 
he may think proper, subject to such regulations as may be 
provided by law relative to the manner of applying for par- 
dons. He shall, at each session of the General Assembly, 
communicate to that body each case of reprieve, commuta- 
tion or pardon granted, stating the name of the convict, the 
crime of which he was convicted, the sentence and its date, 
the date of the commutation, pardon or reprieve, and the 
reason for granting the same. 



302 CIVIL GOVERNMENT OF MISSOURI. 

Sec. 9. The Governor shall, from time to time, give to the 
General Assembly information relative to the state of the 
government, and shall recommend to its consideration such 
measures as he shall deem necessary and expedient. On 
extraordinary occasions he may convene the General As- 
sembly by proclamation, wherein he shall state specifically 
each matter concerning which the action of that body is 
deemed necessary. 

Sec. 10. The Governor shall, at the commencement of 
each session of the General Assembly, and at the close of 
his term of office, give information by message of the con- 
dition of the State, and shall recommend such measures as 
he shall deem expedient. He shall account to the General 
Assembly, in such manner as may be prescribed by law, 
for all moneys received and paid out by him from any 
funds subject to his order, with vouchers, and at the com- 
mencement of each regular session, present estimates of the 
amount of money required to be raised by taxation for all 
purposes. 

Sec. 1 1 . When any office shall become vacant, the Gov- 
ernor, unless otherwise provided by law, shall appoint a 
person to fill such vacancy, who shall continue in office 
until a successor shall have been duly elected or appointed 
and qualified according to law. 

Sec. 12. The Governor shall consider all bills and joint 
resolutions which, having been passed by both houses of 
the General Assembly, shall be presented to him. He 
shall, within ten days after the same shall have been pre- 
sented to him, return to the house in which they respect- 
ively originated all such bills and joint resolutions, with his 
approval indorsed thereon, or accompanied by his objec- 
tions : Provided, that if the General Assembly shall finally 
adjourn within ten days after such presentation, the Gov- 
ernor may, within thirty days thereafter, return such bills 
and resolutions to the office of the Secretary of State, with 
his approval or reasons for disapproval. 

Sec. 13. If any bill presented to the Governor contain 



STATE CONSTITUTION. 303 

several items of appropriation of money, he may object to 

one or more items while approving other portions of the 
bill. In such case, he shall append to the bill, at the time 
of signing it, a statement of the items to which he objects, 
and the appropriations so objected to shall not take effect. 
If the General Assembly be in session, he shall transmit to 
the house in which the bill originated a copy of such state- 
ment, and the items objected to shall be separately recon- 
sidered. If it be not in session, then he shall transmit 
the same within thirty days to the office of Secretary of 
State, with his approval or reasons for disapproval. 

Sec. 14. Every resolution to which the concurrence of 
the Senate and House of Representatives may be necessary, 
except on questions of adjournment, of going into joint 
session, and of amending this Constitution, shall be pre- 
sented to the Governor, and before the same shall take 
effect shall be proceeded upon in the same manner as in 
the case of a bill : Provided, that no resolution shall have 
the effect to repeal, extend, alter or amend any law. 

Sec. 15. The Lieutenant-Governor shall possess the 
same qualifications as the Governor, and by virtue of his 
office shall be President of the Senate. In committee of 
the whole, he may debate all questions ; and when there is 
an equal division he shall give the casting vote in the Senate, 
and also in joint vote of both houses. 

Sec. 16. In case of death, conviction or impeachment, 
failure to qualify, resignation, absence from the State, or 
other disability of the Governor, the powers, duties and 
emoluments of the office for the residue of the term, or 
until the disability shall be removed, shall devolve upon the 
Lieutenant-Governor. 

Sec. 17. The Senate shall choose a President /r^ tempore 
to preside in cases of the absence or impeachment of the 
Lieutenant-Governor, or when he shall hold the office of 
Governor. If there be no Lieutenant-Governor, or the 
Lieutenant-Governor shall, for any of the causes specified 
in section sixteen of this article, become incapable of per- 



304 CIVIL GOVERNMENT OF MISSOURI. 

forming the duties of the office, the President of the Sehate 
shall act as Governor until the vacancy is filled or the dis- 
ability removed ; and if the President of the Senate, for any 
of the above named causes, shall become incapable of per- 
forming the duties of Governor, the same shall devolve upon 
the Speaker of the House of Representatives, in the same 
manner and with the same powers and compensation as are 
prescribed in the case of the office devolving upon the Lieu- 
tenant-Governor. 

Sec. 18. The Lieutenant-Governor or the President pro 
tempore of the Senate, while presiding in the Senate, shall 
receive the same compensation as shall be allowed to the 
Speaker of the House of Representatives. 

Sec. 19. No person shall be eligible to the office of Sec- 
retary of State, State Auditor, State Treasurer, Attorney- 
General, or Superintendent of Public Schools, unless he be 
a male citizen of the United States and at least twenty-five 
years old, and shall have resided in this State at least five 
years next before his election. 

Sec. 20. The Secretary of State shall be the custodian 
of the seal of the State, and authenticate therewith all offi- 
cial acts of the Governor, his approval of laws excepted. 
The said seal shall be called the " Great Seal of the State of 
Missouri," and the emblems and devices thereof, heretofore 
prescribed by law, shall not be subject to change. 

Sec. 2 1 . The Secretary of State shall keep a register of 
the official acts of the Governor, and when necessary, shall 
attest them, and lay copies of the same, together with copies 
of all papers relative thereto, before either house of the 
General Assembly, whenever required to do so. 

Sec. 22. An account shall be kept by the officers of the 
Executive department of all moneys and choses in action 
disbursed or otherwise disposed of by them, severally, from 
all sources, and for every service performed ; and a semi- 
annual report thereof shall be made to the Governor under 
oath. The Governor may at any time require information, 
in writing, under oath, from the officers of the Executive 



STATE CONSTITUTION. 305 

department, and all officers and managers of State institu- 
tions, upon any subject relating to the condition, manage- 
ment and expenses of their respective offices and institu- 
tions ; which information, when so required, shall be fur- 
nished by such officers and managers ; and any officer or 
manager who at any time shall make a false report shall be 
guilty of perjury and punished accordingly. 

Sec. 23. The Governor shall commission all officers not 
otherwise provided for by law. All commissions shall run 
in the name and by the authority of the State of Missouri, 
be signed by the Governor, sealed with the Great Seal of 
the State of Missouri, and attested by the Secretary of State. 

Sec. 24. The officers named in this article shall receive 
for their services a salary to be established by law, which 
shall not be increased or diminished during their official 
terms ; and they shall not, after the expiration of the terms 
of those in office at the adoption of this Constitution, re- 
ceive to their own use any fees, costs, perquisites of office, 
or other compensation. All fees that may hereafter be pay- 
able by law for any service performed by any officer pro- 
vided for in this article shall be paid in advance into the 
State treasury. 

Sec. 25. Contested elections of Governor and Lieuten- 
ant-Governor shall be decided by a joint vote of both houses 
of the General Assembly, in such manner as may be pro- 
vided by law ; and contested elections of Secretary of State, 
State Auditor, State Treasurer, Attorney-General and Super- 
intendent of Public Schools shall be decided before such 
tribunal and in such manner as may be provided by law. 

Article VI. — ^judicial department. 

Section i. The judicial power of the State, as to matters 
of law and equity, except as in this Constitution otherwise 
provided, shall be vested in a Supreme court, the St. Louis 
court of appeals, circuit courts, criminal courts, probate 
courts, county courts, and municipal corporation courts. 

Sec. 2. The Supreme court, except in cases otherwise 



306 CIVIL GOVERNMENT OF MISSOURI. 

directed by this Constitution, shall have appellate jurisdic- 
tion only, which shall be co-extensive with the State, under 
the restrictions and Hmitations in this Constitution provided. 

Sec. 3. The Supreme court shall have a general superin- 
tending control over all inferior courts. It shall have power 
to issue writs of habeas corpus, mandamus , quo warranto, 
certioraiH, and other original remedial writs, and to hear and 
determine the same. 

Sec. 4. The judges of the Supreme court shall hold office 
for the term of ten years. The judge oldest in commission 
shall be Chief Justice of the court ; and, if there be more 
than one commission of the same date, the court may select 
the Chief Justice from the judges holding the same. 

Sec. 5. The Supreme court shall consist of [five judges, 
any three of whom shall constitute a quorum] (^see Amend- 
ment of 1890, p. 351) ; and said judges shall be conservators 
of the peace throughout the State, and shall be elected by 
the quahfied voters thereof 

Sec. 6. The judges of the Supreme court shall be citizens 
of the United States, not less than thirty years old, and shall 
have been citizens of this State for five years next preceding 
their election or appointment, and shall be learned in the law. 

Sec. 7. The full terms of the judges of the Supreme 
court shall commence on the first day of January next ensu- 
ing their election, and those elected to fill any vacancy shall 
also enter upon the discharge of their duties on the first 
day of January next ensuing such election. Those appointed 
shall enter upon the discharge of their duties as soon as 
quahfied. 

Sec. 8. The present judges of the Supreme court shall 
remain in office until the expiration of their respective terms 
of office. To fill their places as their terms expire, one judge 
shall be elected at the general election in eighteen hundred 
and seventy-six, and one every two years thereafter. 

Sec. 9. The Supreme court shall be held at the seat of 
government at such times as may be prescribed by law ; and 



STATE CONSTITUTION. 307 

until Otherwise directed by law, the terms of said court shall 
commence on the third Tuesday in October and April of 
each year. 

Sec. ID. The State shall provide a suitable court-room 
at the seat of government, in which the Supreme court shall 
hold its sessions ; also a clerk's office, furnished offices for 
the judges, and the use of the State Hbrary. 

Sec. II. If, in any cause pending in the Supreme court 
or the St. Louis court of appeals, the judges sitting shall be 
equally divided in opinion, no judgment shall be entered 
therein based on such division ; but the parties to the cause 
may agree upon some person, learned in the law, to act as 
special judge in the cause, who shall therein sit with the 
court, and give decision in the same manner and with the 
same effect as one of the judges. If the parties cannot 
agree upon a special judge, the court shall appoint one. 

Sec. 12. There is hereby established in the city of St. 
Louis an appellate court, to be known as the ** St. Louis 
court of appeals," the jurisdiction of which shall be co- 
extensive with the city of St. Louis and the counties of St. 
Louis, St. Charles, Lincoln and Warren {see Amendment of 
1884, p. 348, affecting Sees. 12, 13, 27). Said court shall 
have power to issue writs of habeas corpus, quo warranto, 
mandamus^ certiora7'i, and other original remedial writs, and 
to hear and determine the same, and shall have a superin- 
tending control over all inferior courts of record in said 
counties. Appeals shall lie from the decisions of the St. 
Louis court of appeals to the Supreme court, and writs of 
error may issue from the supreme court to said court in the 
following cases only : In all cases where the amount in dis- 
pute, exclusive of costs, exceeds the sum of two thousand 
five hundred dollars ; in cases involving the construction of 
the constitution of the United States or of this State ; in 
cases where the validity of a treaty or statute of or authority 
exercised under the United States is drawn in question ; in 
cases involving the construction of the revenue laws of th?s 



3o8 CIVIL GOVERNMENT OF MISSOURI. 

State, or the title to any office under this State ; in cases in- 
volving the title to real estate ; in cases where a county or 
other political subdivision of the State or any State officer is 
a party, and in all cases of felony. 

Sec. 13. The St. Louis court of appeals shall consist of 
three judges, to be elected by the quaHfied voters of the city 
of St. Louis, and the counties of St. Louis, St. Charles, Lin- 
coln and Warren, who shall hold their offices for the period 
of twelve years. They shall be residents of the district 
composed of said counties, shall possess the same qualifica- 
tions as judges of the Supreme court, and each shall receive 
the same compensation as is now, or may be, provided by 
law for the judges of the circuit court of St. Louis county, 
and be paid from the same sources : Provided, that each 
of said counties shall pay its proportional part of the same, 
according to its taxable property. 

Sec. 14. The judges of said court shall be conservators 
of the peace throughout said counties. Any two of said 
judges shall constitute a quorum. There shall be two terms 
of said court to be held each year, on the first Monday of 
March and October, and the first term of said court shall be 
held on the first Monday in January, 1876. 

Sec. 15. The opinions of said court shall be in writing, 
and shall be filed in the cases in which they shall be respect- 
ively made, and become parts of their record ; and all laws 
relating to the practice in the Supreme court shall apply to 
this court, so far as the same may be applicable. 

Sec. 16. At the first general election held in said city 
and counties after the adoption of this Constitution, three 
judges of said court shall be elected, who shall determine by 
lot the duration of their several terms of office, which shall 
be respectively, four, eight and twelve years, and certify the 
result to the Secretary of State ; and every four years there- 
after one judge of said court shall be elected, to hold office 
for the term of twelve years. The term of office of such 
judges shall begin on the first Monday in January next en- 
suing their election. The judge having the oldest Hcense to 



STATE CONSTITUTION. 309 

practice law in this State shall be the presiding judge of said 
court. 

Sec. 17. Upon the adoption of this Constitution the 
Governor shall appoint three judges for said court, who shall 
hold their offices until the first Monday of January, eighteen 
hundred and seventy-seven, and until their successors shall 
be duly qualified. 

Sec. 18. The clerk of the Supreme court at St. Louis 
shall be the clerk of the St. Louis court of appeals until the 
expiration of the term for which he was appointed clerk of 
the Supreme coiu-t, and until his successor shall be duly 
qualified. 

Sec. 19. All cases which may be pending in the Su- 
preme court at St. Louis at the time of the adoption of this 
Constitution, which by its terms would come within the final 
appellate jurisdiction of the St. Louis court of appeals, shall 
be certified and transferred to the St. Louis court of appeals, 
to be heard and determined by said court. 

Sec. 20. All cases coming to said court by appeal or 
writ of error shall be triable at the expiration of fifteen days 
from the filing of the transcript in the office of the clerk of 
said court. ■* 

Sec. 21. Upon the adoption of this Constitution, and 
after the close of the next regular terms of the Supreme 
court at St. Louis and St. Joseph,, as now estabhshed by 
law, the office of the clerk of the Supreme court at St. Louis 
and St. Joseph shall be vacated, and said clerks shall trans- 
mit to the clerk of the Supreme court at Jefferson City all 
the books, records, documents, transcripts and papers be- 
longing to their respective offices, except those required by 
section nineteen of this article to be turned over to the St. 
Louis court of appeals ; and said records, documents, tran- 
scripts and papers shall become part of the records, docu- 
ments, transcripts and papers of said Supreme court at Jef- 
ferson City, and said court shall hear and determine all the 
cases thus transferred as other cases. 

Sec. 22. The circuit court shall have jurisdiction over 



3IO CIVIL GOVERNMENT OF MISSOURI. 

all criminal cases not otherwise provided for by law, ex- 
clusive original jurisdiction in all civil cases not otherwise 
provided for, and such concurrent jurisdiction with and ap- 
pellate jurisdiction from inferior tribunals and justices of 
the peace as is or may be provided by law. It shall hold its 
terms at such times and places in each county as may be 
by law directed ; but at least two terms shall be held every 
year in each county. 

Sec. 23. The circuit court shall exercise a superintending 
control over criminal courts, probate courts, county courts, 
municipal corporation courts, justices of the peace, and all 
inferior tribunals in each county in their respective circuits. 

Sec. 24. The State, except as otherwise provided in this 
Constitution, shall be divided into convenient circuits of 
contiguous counties, in each of which circuits one circuit 
judge shall be elected ; and such circuits may be changed, 
enlarged, diminished or abolished from time to time, as 
public convenience may require ; and whenever a circuit 
shall be abolished, the office of the judge of such circuit 
shall cease. 

Sec. 25. The judges of the circuit courts shall be elected 
by the '^ qualified voters of each circuit; shall hold their 
offices for the term of six years, and shall reside in and be 
conservators of the peace within their respective circuits. 

Sec. 26. No person shall be eligible to the office of 
judge of the circuit court who shall not have attained the 
age of thirty years, been a citizen of the United States five 
years, a qualified voter of this State for three years, and 
who shall not be a resident of the circuit in which he may 
be elected or appointed. 

Sec. 27. The circuit court of St. Louis county shall be 
composed of five judges, and such additional number as the 
General Assembly may, from time to time, provide. Each 
of said judges shall sit separately for the trial of causes and 
the transaction of business in special term. The judges of 
said circuit court may sit in general term, for the purpose 
of making rules of court, and for the transaction of such 



STATE CONSTITUTION. 



311 



Other business as may be provided by law, at such time as 
they may determine ; but shall have no power to review 
any order, decision or proceeding of the court in special 
term. The St. Louis court of appeals shall have exclusive 
jurisdiction of all appeals from and writs of error to the 
circuit courts of St. Charles, Lincoln and Warren counties, 
and the circuit court of St. Louis county, in special term, 
and all courts of record having criminal jurisdiction in said 
counties. 

Sec. 28. In any circuit composed of a single county, 
the General Assembly may, from time to time, provide for 
one or more additional judges, as the business shall require ; 
each of whom shall separately try cases and perform all 
other duties imposed upon circuit judges. 

Sec. 29. If there be a vacancy in the office of judge of 
any circuit, or if the judge be sick, absent, or from any 
cause unable to hold any term or part of term of court, in 
any county in his circuit, such term or part of term of court 
may be held by a judge of any other circuit ; and at the 
request of the judge of any circuit, any term of court or 
part of term in his circuit may be held by the judge of any 
other circuit ; and in all such cases, or in any case where 
the judge cannot preside, the General Assembly shall make 
such additional provision for holding court as may be 
found necessary. 

Sec. 30. The election of judges of all courts of record 
shall be held as is or may be provided by law, and in case 
of a tie or contested election between the candidates, the 
same shall be determined as prescribed by law. 

Sec. 31. The General Assembly shall have no power to 
establish criminal courts, except in counties having a popu- 
lation exceeding fifty thousand. 

Sec. 32. In case the office of judge of any court of 
record become vacant by death, resignation, removal, failure 
to qualify, or otherwise, such vacancy shall be filled in the 
manner provided by law. 

Sec. :^'^. The judges of the Supreme, appellate and cir- 



312 CIVIL GOVERNMENT OF MISSOURI. 

cuit courts, and of all other courts of record receiving a 
salary, shall, at stated times, receive such compensation for 
their services as is or may be prescribed by law ; but it shall 
not be increased or diminished during the period for which 
they were elected. 

Sec. 34. The General Assembly shall establish in every 
county a probate court, which shall be a court of record, 
and consist of one judge, who shall be elected. Said court 
shall have jurisdiction over all matters pertaining to probate 
business, to granting letters testamentary and of administra- 
tion, the appointment of guardians and curators of minors 
and persons of unsound mind, settling the accounts of ex- 
ecutors, administrators, curators and guardians, and the sale 
or leasing of lands by administrators, curators and guard- 
ians ; and, also, jurisdiction over all matters relating to ap- 
prentices : Provided, that until the General Assembly shall 
provide by law for a uniform system of probate courts, the 
jurisdiction of probate courts heretofore established shall 
remain as now provided by law. 

Sec. 35. Probate courts shall be uniform in their organ- 
ization, jurisdiction, duties and practice, except that a sep- 
arate clerk may be provided for, or the judge may be 
required to act, ex officio, as his own clerk. 

Sec. 36. In each county there shall be a county court, 
which shall be a court of record, and shall have jurisdiction 
to transact all county and such other business as may be 
prescribed by law. The court shall consist of one or more 
judges, not exceeding three, of whom the probate judge 
may be one, as may be provided by law. 

Sec. 37. In each county there shall be appointed, or 
elected, as many justices of the peace as the public good 
may require, whose powers, duties and duration in office 
shall be regulated by law. 

Sec. 38. All writs and process shall run and all prose- 
cutions shall be conducted in the name of the "State of 
Missouri;" all writs shall be attested by the clerk of the 
court from which they shall be issued; and all indict- 



STATE CONSTITUTION. 313 

ments shall conclude, "against the peace and dignity of the 
State." 

Sec. 39. The St. Louis court of appeals and Supreme 
court shall appoint their own clerks. The clerks of all 
other coiu-ts of record shall be elective, for such terms and in 
such manner as may be directed by law : Fravided, that the 
term of office of no existing clerk of any court of record, not 
abolished by this Constitution, shall be affected by such law. 

Sec. 40. In case there be a tie or a contested election be- 
tween candidates for clerk of any court of record, the same 
shall be determined in such manner as may be directed by law. 

Sec. 41. In case of the inability of any judge of a court 
of record to discharge the duties of his office with efficiency, 
by reason of continued sickness, or physical or mental in- 
firmity, it shall be in the power of the General Assembly, 
two-thirds of the members of each house concurring, with 
the approval of the Governor, to remove such judge from 
office ; but each house shall state on its respective journal 
the cause for which it shall wish his removal, and give him 
notice thereof, and he shall have the right to be heard in 
his defense, in such manner as the General Assembly shall 
by law direct. 

Sec. 42. All courts now exisiting in this State, not 
named or provided for in this Constitution, shall continue 
until the expiration of the terms of office of the several 
judges ; and as such terms expire, the business of said 
courts shall vest in the court having jurisdiction thereof in 
the counties where said courts now exist, and all the records 
and papers shall be transferred to the proper courts. 

Sec. 43. The Supreme court of the State shall designate 
what opinions delivered by the court, or the judges thereof, 
may be printed at the expense of the State ; and the General 
Assembly shall make no provision for payment by the State 
for the publication of any case decided by said court, not 
so designated. 

Sec. 44. All judicial decisions in this State shall be free 
for publication by any person. 



3^4 CIVIL GOVERNMENT OF MISSOURI. 

Article VII. — impeachments. 

Section i. The Governor, Lieutenant-Governor, Secre- 
tary of State, State Auditor, State Treasurer, Attorney- 
General, Superintendent of Public Schools and Judges of 
the Supreme,, circuit and criminal courts, and of the St. 
Louis court of appeals, shall be liable to impeachment for 
high crimes or misdemeanors, and for misconduct, habits of 
drunkenness, or oppression in office. 

Sec. 2. The House of Representatives shall have the sole 
power of impeachment. All impeachments shall be tried by 
the Senate, and, when sitting for that purpose, the Senators 
shall be sworn to do justice according to law and evidence. 
When the Governor of the State is on trial, the Chief Justice 
of the Supreme court shall preside. No person shall be con- 
victed without the concurrence of two-thirds of the Senators 
present. But judgment in such cases shall not extend any 
further than removal from office, and disqualification to hold 
any office of honor, trust or profit under this State. The 
party, whether convicted or acquitted, shall, nevertheless, 
be liable to prosecution, trial, judgment and punishment ac- 
cording to law. 

Article VIII. — suffrage and elections. 

Section i. The general election shall be held biennially 
on the Tuesday next following the first Monday in Novem- 
ber. The first general election under this Constitution shall 
be held on that day in the year one thousand eight hundred 
and seventy-six ; but the General Assembly may, by law, fix 
a different day — two-thirds of all the members of each house 
consenting thereto. 

Sec. 2. Every male citizen of the United States, and 
every male person of foreign birth, who may have declared 
his intention to become a citizen of the United States ac- 
cording to law, not less than one year nor more than five 
years before he offers to vote, who is over the age of twenty- 



STATE CONSTITUTION. 315 

one years, possessing the following qualifications, shall be 
entitled to vote at all elections by the people : 

First— Rq shall have resided in the State one year im- 
mediately preceding the election at which he offers to vote. 
Second— Hq shall have resided in the county, city or town 
where he shall offer to vote, at least sixty days immediately 
preceding the election. 

Sec. 3. All elections by the- people shall be by ballot; 
every ballot voted shall be numbered in the order in which 
it shall be received, and the number recorded by the elec- 
tion officers on the hst of voters, opposite the name of the 
voter who presents the ballot. The election officers shall 
be sworn or affirmed not to disclose how any voter shall 
have voted, unless required to do so as witnesses in a judi- 
cial proceeding : Provided, that in all cases of contested 
elections the ballots cast may be counted, compared with 
the Hst of voters, and examined under such safeguards and 
regulations as may be prescribed by law. 

Sec. 4. Voters shall, in all cases except treason, felony 
or breach of the peace, be privileged from arrest during their 
attendance at elections, and in going to and returning there- 
from. 

Sec. 5. The General Assembly shall provide, by law, for 
the registration of all voters in cities and counties having a 
population of more than one hundred thousand inhabitants, 
and may provide for such registration in cities having a 
population exceeding twenty-five thousand inhabitants and 
not exceeding one hundred thousand, but not otherwise. 

Sec. 6. All elections, by persons in a representative ca- 
pacity, shall be viva voce. 

Sec. 7. For the purpose of voting, no person shall be 
deemed to have gained a residence by reason of his presence, 
or lost it by reason of his absence, while employed in the 
service, either civil or military, of this State or of the United 
States, nor while engaged in the navigation of the waters of 
the State or of the United States, or of the high seas, nor 
while a student of any institution of learning, nor while kept 



3l6 CIVIL GOVERNMENT OF MISSOURI. 

in a poor-house or other asylum at public expense, nor while 
confined in public prison. 

Sec. 8. No person, while kept at any poor-house or 
other asylum, at public expense, nor while confined in any 
pubhc prison, shall be entitled to vote at any election under 
the laws of this State. 

Sec. 9. The trial and determination of contested elec- 
tions of all pubHc officers, whether State, judicial, municipal 
or local, except Governor and Lieutenant-Governor, shall 
be by the courts of law, or by one or more of the judges 
thereof. The General Assembly shall, by general law, desig- 
nate the court or judge by whom the several classes of elec- 
tion contests shall be tried, and regulate the manner of trial 
and all matters incident thereto ; but no such law, assigning 
jurisdiction or regulating its exercise, shall apply to any 
contest arising out of any election held before said law shall 
take effect. 

Sec. 10. The General Assembly may enact laws exclud- 
ing from the right of voting all persons convicted of felony 
or other infamous crime, or misdemeanors connected with 
the exercise of the right of suffrage. 

Sec. II. No officer, soldier or marine, in the regular 
army or navy of the United States, shall be entitled to vote 
at any election in this State. 

Sec. 12. No person shall be elected or appointed to any 
office in this State, civil or military, who is not a citizen of 
the United States, and who shall not have resided in this 
State one year next preceding his election or appointment. 

Article IX. — counties, cities and towns. 

Section i . The several counties of this State, as they now 
exist, are hereby recognized as legal subdivisions of the 
State. 

Sec. 2. The General Assembly shall have no power to 
remove the county seat of any county, but the removal of 
county seats shall be provided for by general law ; and no 
county seat shall be removed unless two-thirds of the quali- 



STATE CONSTITUTION. 



317 



fied voters of the county, voting on the proposition at a 
general election, vote therefor; and no such proposition 
shall be submitted oftener than once in five years. All ad- 
ditions to a town which is a county seat shall be included, 
considered and regarded as part of the county seat. 

Sec. 3. The General Assembly shall have no power to 
estabhsh any new county with a territory of less than four 
hundred and ten square miles, nor to reduce any county, 
now established, to a less area or less population than re- 
quired for a ratio of representation existing at the time ; but 
when a new county is formed, having a population less than 
a ratio of representation, it shall be attached for representa- 
tive purposes to the county from which the greatest amount 
of territory is taken until such ratio shall be obtained. No 
county shall be divided or have any portion stricken there- 
from, without submitting the question to a vote of the people 
of the county, nor unless a majority of all the quahfied 
voters of the county or counties thus affected, voting on the 
question, shall vote therefor ; nor shall any new county be 
estabhshed, any line of which shall run within ten miles of 
the then existing county seat of any county. In all cases 
of the estabhshment of any new county, the new county 
shall be held for and obhged to pay its ratable proportion 
of all the habilities then existing of the county or counties 
from which said new county shall be formed. 

Sec. 4. No part of the territory of any county shall be 
stricken off and added to an adjoining county, without sub- 
mitting the question to the quahfied voters of the counties 
immediately interested, nor unless a majority of all the quali- 
fied voters of the counties thus affected, voting on the ques- 
tion, shall vote therefor. When any part of a county is 
stricken off and attached to another county, the part stricken 
off shall be holden for and obliged to pay its proportion of 
all the liabilities then existing of the county from which it is 
taken. 

Sec. 5. When any new county, formed from contiguous 
territory taken from older counties, or when any county to 



3l8 CIVIL GOVERNMENT OF MISSOURI. 

which teiTi'tory shall be added taken from an adjoining 
county, shall fail to pay the proportion of indebtedness of 
such territory to the county or counties from which it is 
taken, then it may be lawful for any county from which such 
territory has been taken, to levy and collect, by taxation, 
the due proportion of indebtedness of such temtory, in the 
same manner as if the territory had not been stricken off. 

Set'. 6. No county, township, city or other municipality 
shall hereafter become a subscriber to the capital stock of 
any railroad or other corporation or association, or make 
appropriation or donation or loan its credit to or in aid of 
any such corporation or association, or to or in aid of any 
college or institution of learning, or other institution, whether 
created for or to be controlled by the State or others. All 
authority heretofore confeiTed for any of the purposes afore- 
said by the General Assembly, or by the charter of any cor- 
poration, is hereby repealed : P7'ovided^ howener, that 
nothing in this Constitution contained shall affect the right 
of any such municipality to make such subscription, where 
the same has been authorized under existing laws by a vote 
of the people of such municipality prior to its adoption, or 
to prevent the issue of renewal bonds or the use of such 
other means as are or may be prescribed by law, for the 
liquidation or payment of such subscription, or of any exist- 
ing indebtedness. 

Sa\ 7. The General Assembly shall provide, by general 
laws, for the organization and classification of cities and 
towns. The number of such classes shall not exceed four ; 
and the power of each class shall be defined by general laws, 
so that all such municipal corporations of the same class shall 
possess the same powers and be subject to the same restric- 
tions. The General Assembly shall also make provisions, 
by general law, whereby any city, town or village, existing 
by virtue of any special or local law, may elect to become 
subject to and be governed by the general laws relating to 
such corporations. 

Sec. 8. The General Assembly may provide, by general 



STATE CONSTITUTION. 319 

law, for township organization, under which any county 
may organize whenever a majority of the legal voters of such 
county, voting upon that proposition, at any general election, 
shall so determine ; and whenever any county shall adopt 
township organization, so much of this Constitution as pro- 
vides for the management of county affairs, and the assess- 
ment and collection of the revenue by county officers, in 
conflict with such general law for township organization, may 
be dispensed with, and the business of said county, and the 
local concerns of the several townships therein, may be 
transacted in such manner as may be prescribed by law : 
Provided, that the justices of the county court in such case 
shall not exceed three in number. 

Sec. 9. In any county which shall have adopted town- 
ship organization, the question of continuing the same may 
be submitted to a vote of the electors of such county at a 
general election, in the manner that shall be provided by 
law \ and if a majority of all the votes cast upon that ques- 
tion shall be against township organization, it shall cease in 
said county, and all laws in force in relation to counties not 
having township organization shall immediately take effect 
and be in force in such county. 

Sec. 10. {As amended, 1906.) There shall be elected 
by the quahfied voters in each county, on the first Tuesday, 
next following the first Monday in November, a.d. 1908, 
and thereafter every four years, a sheriff and coroner. They 
shall serve for four years, and until their successors be duly 
elected and qualified, unless sooner removed for mal- 
feasance in office. Before entering on the duties of their 
office, they shall give security in the amount and in such 
manner as shall be prescribed by law. Whenever a county 
shall be hereafter estabhshed, the Governor shall appoint a 
sheriff and coroner therein, who shall continue in office until 
the next succeeding general election, and until their suc- 
cessors shall be duly elected and qualified. 

Sec. IT. Whenever a vacancy shall happen in the office 
of sheriff or coroner, the same shall be filled by the county 



320 CIVIL GOVERNMENT OF MISSOURI. 

court. If such vacancy happen in the office of sheriff more 
than nine months prior to the time of holding a general elec- 
tion, such county court shall immediately order a special 
election to fill the same, and the person by it appointed shall 
hold office until the person chosen at such election shall be 
duly qualified ; otherwise, the person appointed by such 
county court shall hold office until the person chosen at 
such general election shall be duly qualified. If any va- 
cancy happen in the office of coroner, the same shall be 
filled for the remainder of the term by such county court. 
No person elected or appointed to fill a vacancy in either of 
said offices shall thereby be rendered ineligible for the next 
succeeding term. 

Sec. 12. The General Assembly shall, by a law uniform 
in its operation, provide for and regulate the fees of all 
county officers, and for this purpose may classify the coun- 
ties by population. 

Sec. 13. The fees of no executive or ministerial officer 
of any county or municipality, exclusive of the salaries 
actually paid to his necessary deputies, shall exceed the sum 
of ten thousand dollars for any one year. Every such offi- 
cer shall make return, quarterly, to the county court of all 
fees by him received, and of the salaries by him, actually 
paid to his deputies or assistants, stating the same in detail 
and verifying the same by his affidavit ; and for any state- 
ment or omission in such return, contrary to truth, such officer 
shall be liable to the penalties of willful and corrupt perjury. 

Sec. 14. Except as otherwise directed by this Constitu- 
tion, the General Assembly shall provide for the election 
or appointment of such other county, township and munici- 
pal officers as public convenience may require ; and their 
terms of office and duties shall be prescribed by law ; but no 
term of office shall exceed four years. 

Sec. 15. In all counties having a city therein containing 
over one hundred thousand inhabitants, the city and county 
government thereof may be consolidated in such manner as 
may be provided by law. 



STATE CONSTITUTION. 32 1 

Sec. 16. Any city having a population of more than one 
hundred thousand inhabitants may frame a charter for its 
own government, consistent with and subject to the Con- 
stitution and laws of this State, by causing a board of thir- 
teen freeholders, who shall have been for at least five years 
qualified voters thereof, to be elected by the qualified voters 
of such city at any general or special election ; which board 
shall, within ninety days after such election, return to the 
chief magistrate of such city a draft of such charter, signed 
by the members of such board, or a majority of them. 
Within thirty days thereafter, such proposed charter shall be 
submitted to the qualified voters of such city at a general or 
special election, and if four-sevenths of such qualified voters 
voting thereat shall ratify the same, it shall, at the end of 
thirty days thereafter, become the charter of such city, and 
supersede any existing charter and amendments thereof. A 
duplicate certificate shall be made, setting forth the charter 
proposed and its ratification, which shall be signed by the 
chief magistrate of such city and authenticated by its cor- 
porate seal. One of such certificates shall be deposited in 
the office of the Secretary of State, and the other, after be- 
ing recorded in the office of the recorder of deeds for the 
county in which such city Hes, shall be deposited among the 
archives of such, city, and all courts shall take judicial notice 
thereof. Such charter, so adopted, may be amended by a 
proposal therefor, made by the law-making authorities of 
such city, published for at least thirty days in three news- 
papers of largest circulation in such city, one of which shall 
be a newspaper printed in the German language, and ac- 
cepted by three-fifths of the quahfied voters of such city, 
voting at a general or special election, and not otherwise ; 
but such charter shall always be in harmony with and sub- 
ject to the Constitution and laws of the State. 

Sec. 17. It shall be a feature of all such charters that 
they shall provide, among other things, for a mayor or chief 
magistrate and two houses of legislation, one of which at 
least shall be elected by general ticket ; and in submitting 



322 CIVIL GOVERNMENT OF MISSOURI. 

any such charter or amendment thereto to the quahfied 
voters of such city, any alternative section or article may 
be presented for the choice of the voters, and may be voted 
on separately, and accepted or rejected separately, without 
prejudice to other articles or sections of the charter or any 
amendment thereto. 

Sec. 1 8. In cities or counties having more than two 
hundred thousand inhabitants, no person shall, at the same 
time, be a State officer and an officer of any county, city 
or other municipahty ; and no person shall, at the same time, 
fill two municipal offices, either in the same or different mu- 
nicipalities ; but this section shall not apply to notaries pub- 
lic, justices of the peace or officers of the militia. 

Sec. 19, The corporate authorities of any county, city 
or other municipal subdivision of this State having more 
than two hundred thousand inhabitants, which has already 
exceeded the limit of indebtedness prescribed in section 
twelve of article X of this Constitution, may, in anticipation 
of the customary annual revenue thereof, appropriate during 
any fiscal year, toward the general governmental expenses 
thereof, a sum not exceeding seven-eighths of the entire 
revenue apphcable to general governmental purposes (ex- 
clusive of the payment of the bonded debt of such county, 
city or municipality) that was actually raided by taxation 
alone during the preceding fiscal year ; but until such excess 
of indebtedness cease, no further bonded debt shall be in- 
curred, except for the renewal of other bonds. 

ST. LOUIS. 

Sec. 20. The city of St. Louis may extend its limits so 
as to embrace the parks now without its boundaries, and 
other convenient and contiguous territory, and frame a char- 
ter for the government of the city thus enlarged, upon the 
following conditions, that is to say : The council of the city 
and county court of the county of St. Louis shall, at the re- 
quest of the mayor of the city of St. Louis, meet in joint 
session and order an election, to be held as provided for 



STATE CONSTITUTION. 323 

general elections by the qualified voters of the city and 
county, of a board of thirteen freeholders of such city or 
county, whose duty shall be to propose a scheme for the 
enlargement and definition of the boundaries of the city, the 
reorganization of the government of the county, the adjust- 
ment of the relations between the city thus enlarged and the 
residue of St. Louis county, and the government of the city 
thus enlarged, by a charter in harmony with and subject to 
the Constitution and laws of Missouri, which shall, among 
other things, provide for a chief executive and two houses 
of legislation, one of which shall be elected by general ticket ; 
which scheme and charter shall be signed in dupHcate by 
said board, or a majority of them, and one of them returned 
to the mayor of the city and the other to the presiding jus- 
tice of the county court within ninety days after the elec- 
tion of such board. Within thirty days thereafter the city 
council and county court shall submit such scheme to the 
qualified voters of the whole county, and such charter to the 
quaHfied voters of the city so enlarged, at an election to be 
held not less than twenty nor more than thirty days after 
the order therefor ; and if a majority of such qualified vot- 
ers, voting at such election, shall ratify such scheme and 
charter, then such scheme shall become the organic law of 
the county and city, and such charter the organic law of the 
city, and at the end of sixty days thereafter shall take the 
place of and supersede the charter of St. Louis, and all 
amendments thereof, and all special laws relating to St. 
Louis county inconsistent with such scheme. 

Sec. 21. A copy of such scheme and charter, with a cer- 
tificate thereto appended, signed by the mayor and authen- 
ticated by the seal of the city, and also signed by the pre- 
siding justice of the county court and authenticated by the 
seal of the county, setting forth the submission of such 
scheme and charter to the quahfied voters of such county 
and city, and its ratification by them, shall be made in du- 
plicate, one of which shall be deposited in the office of the 
Secretary of State, and the other, after being recorded in 



324 CIVIL GOVERNMENT OF MISSOURI. 

the office of the recorder of deeds of St. Louis county, shall 
be deposited among the archives of the city, and thereafter 
all courts shall take judicial notice thereof. 

Sec. 22. {As amended, 1902.) The charter so ratified 
may be amended by proposals therefor submitted by the 
law-making authorities of the city to the qualified voters 
thereof, at a general or special election held at least sixty 
days after the publication of such proposals and accepted 
by three-fifths of the qualified voters voting for or against 
each of said amendments so submitted ; and the law-making 
authorities of such city may order an election by the quali- 
fied voters of the city of a board of thirteen freeholders of 
such city to prepare a new charter for such city, which said 
charter shall be in harmony with and subject to the Consti- 
tution and laws of the State, and shall provide, among other 
things, for a chief executive and at least one house of legis- 
lation to be elected by general ticket. Said revised charter 
shall be submitted to the qualified voters of such city at an 
election to be held not less than twenty nor more than thirty 
days after the order therefor, and if a majority of such quali- 
fied voters voting at such election ratify such charter, then 
said charter shall become the organic law of such city, and 
sixty days thereafter shall take effect and supersede the charter 
of such city and all special laws inconsistent therewith. 

Sec. 23. Such charter and amendments shall always be 
in harmony with and subject to the Constitution and laws 
of Missouri, except only that provision may be made for the 
graduation of the rate of taxation for city purposes in the 
portions of the city which are added thereto by the pro- 
posed enlargement of its boundaries. In the adjustment of 
the relations between city and county, the city shall take 
upon itself the entire park tax ; and in consideration of the 
city becoming the proprietor of all the county buildings and 
property within its enlarged limits, it shall assume the whole 
of the existing county debt, and thereafter the city and 
county of St. Louis shall be independent of each other. 
The city shall be exempted from all county taxation. The 



STATE CONSTITUTION. 325 

judges of the county court shall be elected by the qualified 
voters outside of the city. The city, as enlarged, shall be 
entitled to the same representation in the General Assembly, 
collect the State revenue and perform all other functions in 
relation to the State in the same manner as if it were a 
county as in this Constitution defined ; and the residue of 
the county shall remain a legal county of the State of Mis- 
souri, under the name of the county of St. Louis. Until 
the next apportionment for Senators and Representatives 
in the General Assembly, the city shall have six Senators 
and fifteen Representatives, and the county one Senator 
and two Representatives, the same being the number of 
Senators and Representatives to which the county of St. 
Louis, as now organized, is entitled under sections eight and 
eleven of article IV of this Constitution. 

Sec. 24. The county and city of St. Louis, as now exist- 
ing, shall continue to constitute the Eighth judicial circuit, 
and the jurisdiction of all courts of record, except the county 
court, shall continue until otherwise provided by law. 

Sec. 25. Notwithstanding the provisions of this article, 
the General Assembly shall have the same power over the 
city and county of St. Louis that it has over other cities and 
counties of this State. 

Article X. — revenue and taxation. 

Section i. The taxing power may be exercised by the 
General Assembly for State purposes, and by counties and 
other municipal corporations, under authority granted to 
them by the General Assembly, for county and other cor- 
porate purposes. 

Sec. 2. The power to tax corporations and corporate 
property shall not be surrendered or suspended by act of 
the General Assembly. 

Sec. 3. Taxes may be levied and collected for public pur- 
poses only. They shall be uniform upon the same class of sub- 
jects within the territorial limits of the authority levying the 
tax, and all taxes shall be levied and collected by general laws. 



326 CIVIL GOVERNMENT OF MISSOURI. 

Sec. 4. All property subject to taxation shall be taxed in 
proportion to its value. 

Sec. 5. All railroad corporations in this State, or doing 
business therein, shall be subject to taxation for State, 
county, school, municipal and other purposes, on the real 
and personal property owned or used by them, and on their 
gross earnings, their net earnings, their franchises and their 
capital stock. 

Sec. 6. The property, real and personal, of the State, 
counties and other municipal corporations and cemeteries 
shall be exempt from taxation. Lots in incorporated cities 
or towns, or within one mile of the limits of any such city 
or town, to the extent of one acre, and lots one mile or more 
distant from such cities or towns, to the extent of five acres, 
with the buildings thereon, may be exempted from taxation, 
when the same are used exclusively for rehgious worship, 
for schools, or for purposes purely charitable ; also such 
property, real or personal, as may be used exclusively for 
agricultural or horticultural societies : Provided^ that such 
exemptions shall be only by general law. 

Sec. 7. All laws exempting property from taxation, other 
than the property above enumerated, shall be void. 

Sec. 8. The State tax on property, exclusive of the tax 
necessary to pay the bonded debt of the State, shall not ex- 
ceed twenty cents on the hundred dollars valuation ; and 
whenever the taxable property of the State shall amount to 
nine hundred miUion dollars, the rate shall not exceed fifteen 
cents. 

Sec. 9. No county, city, town or other municipal corpo- 
ration, nor the inhabitants thereof, nor the property therein, 
shall be released or discharged from their or its proportion- 
ate share of taxes to be levied for State purposes, nor shall 
commutation for such taxes be authorized in any form what- 
soever. 

Sec. ID. The General Assembly shall not impose taxes 
upon counties, cities, towns or other municipal corporations, 
or upon the inhabitants or property thereof, for county, city. 



STATE CONSTITUTION. 327 

town or other municipal purposes ; but may, by general 
laws, vest in the corporate authorities thereof the power to 
assess and collect taxes for such purposes. 

Sec. 1 1 . {As amended, 1902.) Taxes for county, city, town 
and school purposes may be levied on all subjects and ob- 
jects of taxation ; but the valuation of property therefor 
shall not exceed the valuation of the same property in such 
town, city or school district for State and county purposes. 
For county purposes the annual rate on property, in coun- 
ties having six million dollars or less, shall not, in the aggre- 
gate, exceed fifty cents on the hundred dollars valuation ; in 
counties having six milHon dollars and under ten million 
dollars, said rate shall not exceed forty cents on the hun- 
dred dollars valuation ; in counties having ten miUion dol- 
lars and under thirty million dollars, said rate shall not 
exceed fifty cents on the hundred dollars valuation ; and in 
counties having thirty million dollars or more, said rate 
shall not exceed thirty-five cents on the hundred dollars 
valuation. For city and town purposes, the annual rate on 
property in cities and towns having thirty thousand inhabit- 
ants or more shall not, in the aggregate, exceed one hun- 
dred cents on the hundred dollars valuation ; in cities and 
towns having less than thirty thousand and over ten thou- 
sand inhabitants, said rate shall not exceed sixty cents on the 
hundred dollars valuation ; in cities and towns having less 
than ten thousand and more than one thousand inhabitants, 
said rate shall not exceed fifty cents on the hundred dollars 
valuation; and in towns having one thousand inhabitants 
or less, said rate shall not exceed twenty-five cents on the 
hundred dollars valuation. For school purposes in dis- 
tricts composed of cities which have one hundred thousand 
inhabitants or more, the annual rate on property shall 
not exceed sixty cents on the hundred dollars valuation, 
and in other districts forty cents on the hundred dollars 
valuation : Provided, the aforesaid annual rates for school 
purposes may be increased, in districts formed of cities 
and towns, to an amount not to exceed one dollar on 



328 CIVIL GOVERNMENT OF MISSOURI. 

the hundred dollars valuation, and in other districts to an 
amount not to exceed sixty-five cents on the hundred dollars 
valuation, on the condition that a majority of the voters 
who are tax-payers, voting at an election held to decide the 
question, vote for said increase. For the purpose of erect- 
ing public buildings in counties, cities or school districts, 
the rates of taxation herein limited may be increased when 
the rate of such increase and the purpose for which it is 
intended shall have been submitted to a vote of the people, 
and two-thirds of the qualified voters of such county, city 
or school district, voting at such election, shall vote therefor. 
The rate herein allowed to each county shall be ascer- 
tained by the amount of taxable property therein, according 
to the last assessment for State and county purposes, and 
the rate allowed to each city or town by the number of 
inhabitants, according to the last census taken under the 
authority of the State, or of the United States ; said restric- 
tions, as to rates, shall apply to taxes of every kind and 
description, whether general or special, except taxes to pay 
vahd indebtedness now existing or bonds which may be 
issued in renewal of such indebtedness : Provided, that the 
city of St. Louis may levy for municipal purposes, in addi- 
tion to the municipal rate of taxation above provided, a rate 
not exceeding the rate which would be allowed for county 
purposes if said city were part of a county. 

Sec. 12. (^As amended, 1900, 1902, 1906.) No county, 
city, town, township, school district or other political corpo- 
ration or subdivision of the State shall be allowed to become 
indebted in any manner or for any purpose to an amount 
exceeding in any year the income and revenue provided for 
such year, without the assent of two-thirds of the voters 
thereof voting at an election to be held for that purpose ; 
nor in cases requiring such assent shall any indebtedness be 
allowed to be incurred to an amount, including existing in- 
debtedness, in the aggregate exceeding five per centum on 
the value of the taxable property therein, to be ascertained 
by the assessment next before the last assessment for State 



STATE CONSTITUTION. 329 

and county purposes, previous to the incurring of such 
indebtedness : Provided, that with such assent any county 
may be allowed to become indebted to a larger amount for 
the erection of a court-house or jail, or for the grading, 
construction, paving or maintaining of paved, gravelled, 
macadamized or rock roads and necessary bridges and 
culverts therein ; and p?^ovided further, that any county, 
city, town, township, school district, or other political 
corporation or subdivision of the State, incurring any in- 
debtedness requiring the assent of the voters as afore- 
said, shall, before or at the time of doing so, provide for 
the collection of an annual tax sufficient to pay the 
interest on such indebtedness as it falls due, and also to con- 
stitute a sinking fund for payment of the principal thereof 
within twenty years from the time of contracting the same ; 
ajtd provided further, that the corporate authorities of the 
city of St. Louis are hereby authorized to issue interest 
bearing bonds of said city in the amount of five million 
dollars, at a rate of interest not to exceed four per cent per 
annum, the principal payable within thirty years from the 
date of their issue, and the proceeds thereof shall be paid 
to the corporation organized for the celebration of the 
Louisiana purchase centennial in said city, to be used by 
said corporation for said celebration, in holding a world's 
fair or exposition in said city. And said corporate author- 
ities of St. Louis shall be repaid as large a proportionate 
amount of the aid given by them as shall be repaid to the 
stockholders of said corporation on the sum subscribed and 
paid by them, and any surplus remaining from the assets of 
said corporation after said stockholders and said city shall 
have been paid in full, shall be divided between said stock- 
holders and said city in proportion to the aggregate amount 
of said stock so paid in and the amount so loaned by said 
city ; and any amount so received by said city from said 
corporation shall be paid into the sinking fund of said city 
for the redemption of its outstanding bonds : Provided, that 
if at the election for the adoption of this amendment to the 



330 CIVIL GOVERNMENT OF MISSOURI. 

Constitution a majority of the votes cast within the limits of 
said city of St. Louis, voting for and against this amend- 
ment, shall be against its adoption, then no bonds shall be 
issued under this amendment ; and provided further, that 
no such indebtedness so created shall be in any part thereof 
paid by the State or from any State revenue, tax or fund, but 
the same shall be paid by the city of St. Louis alone : 
Provided, that in the city of St. Louis the amount of bonds 
now aggregating ^6,111,000, that being the amount assumed 
by said city in the scheme of separation from the county of 
St. Louis, and the sum of ^5,808,000, heretofore, prior to 
January i, 1901, expended in the construction of water- 
works for the city of St. Louis, and any bonds which may 
be hereafter issued by said city in the construction and im- 
provement of waterworks, the payment of the interest 
whereon and the principal whereof shall be provided from 
the revenue of said waterworks ; that is to say, the amount 
of said bonds which shall be outstanding at any time shall 
not be included in the computation of the existing bonded 
indebtedness in determining the amount of bonds author- 
ized to be issued by said city, with the assent of two-thirds 
of the voters under the provisions of this article, but said 
city shall be authorized at any time to issue bonds with the 
assent aforesaid, to an amount including the outstanding in- 
debtedness other than that above named, to the amount of 
five per cent of the value of the taxable property in said 
city, to be ascertained as above provided, and said city 
shall have power, with such assent of the voters, to issue 
bonds for the construction and improvement of waterworks, 
the interest whereon and the principal whereof shall be pro- 
vided for from the income of said waterworks. Said city 
shall establish a sinking fund for the payment of the bonds 
so authorized according to the time fixed for the maturity 
of the same : Provided, further, that in the city of Kansas 
City, the amount of bonds issued by said city, bearing date 
July I, 1895, for acquiring waterworks and all bonds here- 
after issued in renewal of said bonds or any portion thereof 



STATE CONSTITUTION. 33 1 

shall not be included in the computations of the existing 
bonded indebtedness of said city in determining the amount 
of bonds authorized to be issued by said city, with the assent 
of two-thirds of the voters under the provisions of this ar- 
ticle, but said city shall be authorized at any time to issue 
bonds with the assent aforesaid to an amount including out- 
standing indebtedness, other than the above-named, to the 
amount of five per centum of the value of the taxable prop- 
erty in said city, to be ascertained as above specified. 

Sec. \2 a. {^Amendment of \()02.') Any city in this State 
containing not more than thirty thousand (30,000), nor less 
than two thousand (2000) inhabitants, may, with the assent 
of two-thirds of the voters thereof voting at an election to 
be held for that purpose, be allowed to become indebted 
in a larger amount than specified in section 1 2 of article X 
of the Constitution of this State, not exceeding an addi- 
tional five per centum on the value of the taxable prop- 
erty therein, for the purpose of purchasing or constructing 
waterworks, electric or other light plants, to be owned 
exclusively by the city so purchasing or constructing the 
same : Provided, that any such city incurring any such in- 
debtedness requiring the assent of the voters as aforesaid, 
shall have the power to provide for, and, before or at the 
time of incurring such indebtedness, shall provide for the 
collection of an annual tax in addition to the other taxes pro- 
vided for by this Constitution, sufficient to pay the interest 
on such indebtedness as it falls due, and also to constitute a 
sinking fund for the payment of the principal thereof, within 
twenty years from the time of contracting the same, any pro- 
vision in this Constitution to the contrary, notwithstanding. 

Sec. 13. Private property shall not be taken or sold 
for the payment of the corporate debt of a municipal 
corporation. 

Sec. 14. The tax authorized by the sixth section of the 
ordinance adopted June 6, 1865, is hereby abolished, and 
hereafter there shall be levied and collected an annual tax 
sufficient to pay the accruing interest upon the bonded debt 



33 2 CIVIL GOVERNMENT OF MISSOURI. 

of the State, and to reduce the principal thereof each year 
by a sum not less than two hundred and fifty thousand 
dollars ; the proceeds of which tax shall be paid into the 
State treasury, and appropriated and paid out for the pur- 
poses expressed in the first and second subdivisions of section 
forty-three of article IV of this Constitution. The funds 
and resources now in the State Interest and State Sinking 
funds shall be appropriated to the same purposes ; and 
whenever said bonded debt is extinguished, or a sum suf- 
ficient therefor has been raised, the tax provided for in this 
section shall cease to be assessed. 

Sec. 15. All moneys now or at any time hereafter in 
the State treasury belonging to the State shall, immediately 
on receipt thereof, be deposited by the Treasurer to the 
credit of the State for the benefit of the funds to which they 
respectively belong, in such bank or banks as he may, from 
time to time, with the approval of the Governor and Attor- 
ney-General, select — the said bank or banks giving security, 
satisfactory to the Governor and Attorney-General, for the 
safe-keeping and payment of such deposit, when demanded 
by the State Treasurer on his check — such bank to pay a 
bonus for the use of such deposits not less than the bonus 
paid by other banks for similar deposits ; and the same, 
together with such interest and profits as may accrue there- 
on, shall be disbursed by said Treasurer for the purposes of 
the State, according to law, upon warrants drawn by the 
State Auditor, and not otherwise. 

Sec. 16. The Treasurer shall keep a separate account 
of the funds, and the number and amount of warrants re- 
ceived, and from whom ; and shall publish, in such manner 
as the Governor may designate, quarterly statements, show- 
ing the amount of State moneys and where the same are 
kept or deposited. 

Sec. 17. The making of profit out of State, county, city, 
town or school district money, or using the same for any 
purpose not authorized by law, by any public officer, shall be 
deemed a felony, and shall be punished as provided by law. 



STATE CONSTITUTION. 333 

Sec. 1 8. There shall be a State Board of Equalization, 
consisting of the Governor, State Auditor, State Treasurer, 
Secretary of State and Attorney- General. The duty of said 
Board shall be to adjust and equalize the valuation of real 
and personal property among the several counties in the 
State, and it shall perform such other duties as are or may 
be prescribed by law. 

Sec. 19. No moneys shall ever be paid out of the treasury 
of this State, or any of the funds under its management, 
except in pursuance of an appropriation by law, nor unless 
such payment be made, or a warrant shall have issued there- 
for, within two years after the passage of such appropriation 
act ; and every such law, making a new appropriation, or 
continuing or reviving an appropriation, shall distinctly 
specify the sum appropriated, and the object to which it is 
to be applied ; and it shall not be sufficient to refer to any 
other law to fix such sum or object. A regular statement 
and account of the receipts and expenditures of all public 
money shall be published from time to time. 

Sec. 20. The moneys arising from any loan, debt or 
liability contracted by the State, or any county, city, town 
or other municipal corporation, shall be applied to the pur- 
poses for which they were obtained, or to the repayment of 
such debt or liability, and not otherwise. 

Sec. 21. No corporation, company or association, other 
than those formed for benevolent, religious, scientific or 
educational purposes, shall be created or organized under 
the laws of this State, unless the persons named as corpo- 
rators shall, at or before the filing of the articles of associa- 
tion or incorporation, pay into the State treasury fifty dollars 
for the first fifty thousand dollars or less of capital stock, 
and a further sum of five dollars for every additional ten 
thousand dollars of its capital stock. And no such corpora- 
tion, company or association shall increase its capital stock 
without first paying into the treasury five dollars for every 
ten thousand dollars of increase : Provided, that nothing 
contained in this section shall be construed to prohibit the 



334 CIVIL GOVERNMENT OF MISSOURI. 

General Assembly from levying a further tax on the fran- 
chises of such corporation. 

Sec. 2 2. {Amendment of 1908.) In addition to taxes 
authorized to be levied for county purposes under and by 
virtue of section 11, article 10 of the Constitution of this 
State, the county court in the several counties of this State, 
not under township organization and the township board of 
directors, in the several counties under township organiza- 
tion, may in their discretion levy and collect in the same 
manner as State and county taxes are collected, a special 
tax not exceeding twenty-five cents on each $100 valuation, 
to be used for road and bridge purposes, but for no other 
purpose whatever ; and the power hereby given said county 
courts and township boards is declared to be a discretionary 
power. 

Sec. 26. {Amendment of 1902.) All certificates of in- 
debtedness of the State to the ''pubhc school fund" and 
to the " seminary fund " are hereby confirmed as sacred 
obligations of the State to said funds, and they shall be 
renewed as they mature for such period of time and at such 
rate of interest as may be provided by law. The General 
Assembly shall have the power to provide by law for the 
issuing certificates to the public school fund and seminary 
fund, as the money belonging to said funds accumulates in 
the State treasury : Provided, that after the outstanding 
bonded indebtedness has been extinguished, all money ac- 
cumulating in the State treasury for above named purposes 
shall be invested in registered county, municipal, or school 
district bonds of this State of not less than par value. 

Whenever the State bonded debt is extinguished or a sum 
sufficient therefor has been received, there shall be levied 
and collected in lieu of the ten cents on the one hundred 
dollars valuation now provided for by the statutes, an annual 
tax not to exceed three cents on the one hundred dollars 
valuation to pay the accruing interest on all the certificates 
of indebtedness, the proceeds of which tax shall be paid 



STATE CONSTITUTION. 335 

into the State treasury and appropriated and paid out for 
the specific purposes herein mentioned. 

Article XI. — education. 

Section i . A general diffusion of knowledge and intelli- 
gence being essential to the preservation of the rights and 
liberties of the people, the General Assembly shall establish 
and maintain free public schools for the gratuitous instruc- 
tion of all persons in this State between the ages of six and 
twenty years. 

Sec. 2. The income of all the funds provided by the 
State for the support of free pubhc schools shall be paid 
annually to the several county treasurers, to be disbursed 
according to law ; but no school district in which a free 
public school has not been maintained at least three months 
during the year for which the distribution is made, shall be 
entitled to receive any portion of such funds. 

Sec. 3. Separate free public schools shall be established 
for the education of children of African descent. 

Sec. 4. The supervision of instruction in the public 
schools shall be vested in a ''Board of Education," whose 
powers and duties shall be prescribed by law. The Super- 
intendent of Public Schools shall be president of the board. 
The Governor, Secretary of State and Attorney- General 
shall be ex officio members, and, with the Superintendent, 
compose said Board of Education. 

Sec. 5. The General Assembly shall, whenever the Pub- 
lic School fund will permit, and the actual necessity of the 
same may require, aid and maintain the State University, 
now estabHshed, with its present departments. The gov- 
ernment of the State University shall be vested in a Board 
of Curators, to consist of nine members, to be appointed 
by the Governor, by and with the advice and consent of 
the Senate. 

Sec. 6. The proceeds of all lands that have been or here- 
after may be granted by the United States to this State, 
and not otherwise appropriated by this State or the United 



^^6 CIVIL GOVERNMENT OF MISSOURI. 

States ; also, all moneys, stocks, bonds, lands and other 
property now belonging to any State fund for purposes of 
education ; also, the net proceeds of all sales of lands and 
other property and effects that may accrue to the State by 
escheat, from unclaimed dividends and distributive shares 
of the estates of deceased persons ; also, any proceeds of 
the sales of the public lands which may have been or here- 
after may be paid over to this State (if Congress will con- 
sent to such appropriation) ; also, all other grants, gifts or 
devises that have been or hereafter may be made to this 
State, and not otherwise appropriated by the State or the 
terms of the grant, gift or devise, shall be paid into the 
State treasury, and securely invested and sacredly preserved 
as a Public School fund ; the annual income of which fund, 
together with so much of the ordinary revenue of the State 
as may be by law set apart for that purpose, shall be faith- 
fully appropriated for establishing and maintaining the free 
public schools and the State University in this article pro- 
vided for, and for no other uses or purposes whatsoever. 

Sec. 7. In case the Public School fund now provided 
and set apart by law for the support of free public schools 
shall be insufficient to sustain a free school at least four 
months in every year in each school district in this State, 
the General Assembly may provide for such deficiency in 
accordance with section eleven of the article on revenue 
and taxation ; but in no case shall there be set apart less 
than twenty-five per cent of the State revenue, exclusive of 
the Interest and Sinking fund, to be applied annually to the 
support of the public schools. 

Sec. 8. All moneys, stocks, bonds, lands and other prop- 
erty belonging to a county school fund ; also, the net pro- 
ceeds from the sale of estrays ; also, the clear proceeds of 
all penalties and forfeitures, and of all fines collected in the 
several counties for any breach of the penal or military laws 
of the State, and all moneys which shall be paid by persons 
as an equivalent for exemption from military duty, shall be- 
long to and be securely invested and sacredly preserved in 



STATE CONSTITUTION. 337 

the several counties, as a county public school fund ; the 
income of which fund shall be faithfully appropriated for 
establishing and maintaining free pubHc schools in the sev- 
eral counties of this State. 

Sec. 9. No part of the Public School fund of the State 
shall ever be invested in the stock or bonds or other obH- 
gations of any other State, or of any county, city, town or 
corporation ; and the proceeds of the sales of any lands or 
other property which now belong, or may hereafter belong, 
to said school fund, shall be invested in the bonds of the 
State of Missouri, or of the United States. 

Sec. 10. All county school funds shall be loaned only 
upon unencumbered real estate security, of double the value 
of the loan, with personal security in addition thereto. 

Sec. 1 1 . Neither the General Assembly, nor any county, 
city, town, township, school district or other municipal cor- 
poration, shall ever make an appropriation or pay from any 
pubhc fund whatever anything in aid of any religious creed, 
church or sectarian purpose ; or to help to support or sus- 
tain any private or public school, academy, seminary, col- 
lege, university or other institution of learning, controlled 
by any religious creed, church or sectarian denomination 
whatever ; nor shall any grant or donation of personal prop- 
erty or real estate ever be made by the State, or any county, 
city, town or other municipal corporation, for any reHgious 
creed, church or sectarian purpose whatever. 

Article XII . — corporations. 

Section i. All existing charters, or grants of special or 
exclusive privileges, under which a bona fide organization 
shall not have taken place, and business been commenced 
in good faith, at the adoption of this Constitution, shall 
thereafter have no validity. 

Sec. 2. No corporation, after the adoption of this Con- 
stitution, shall be created by special laws; nor shall any 
existing charter be extended, changed or amended by special 
laws, except those for charitable, penal or reformatory pur- 



^^8 CIVIL GOVERNMENT OF MISSOURI. 

poses, which are under the patronage and control of the 
State. 

Sec. 3. The General Assembly shall not remit the for- 
feiture of the charter of any corporation now existing, or 
alter or amend such forfeited charter, or pass any other 
general or special laws for the benefit of such corporations. 

Sec. 4. The exercise of the power and right of eminent 
domain shall never be so construed or abridged as to pre- 
vent the taking, by the General Assembly, of the property 
and franchises of incorporated companies already organized, 
or that may be hereafter organized, and subjecting them to 
the public use, the same as that of individuals. The right 
of trial by jury shall be held inviolate in all trials of claims 
for compensation, when in the exercise of said right of 
eminent domain, any incorporated company shall be inter- 
ested either for or against the exercise of said right. 

Sec. 5. The exercise of the police power of the State 
shall never be abridged or so construed as to permit corpo- 
rations to conduct their business in such manner as to infringe 
the equal rights of individuals, or the general well-being of 
the State. 

Sec. 6. In all elections for directors or managers of any 
incorporated company, each shareholder shall have the 
right to cast as many votes in the aggregate as shall equal 
the number of shares so held by him or her in said com- 
pany, multiplied by the number of directors or managers to 
be elected at such election ; and each shareholder may cast 
the whole number of votes, either in person or by proxy, 
for one candidate, or distribute such votes among two or 
more candidates ; and such directors or managers shall not 
be elected in any other manner. 

Sec. 7. No corporation shall engage in business, other 
than that expressly authorized in its charter or the law 
under which it may have been or hereafter may be organ- 
ized, nor shall it hold any real estate for any period longer 
than six years, except such as may be necessary and proper 
for carrying on its legitimate business. 



STATE CONSTITUTION. 339 

Sec. 8. No corporation shall issue stock or bonds, ex- 
cept for money paid, labor done or property actually re- 
ceived, and all fictitious increase of stock or indebtedness 
shall be void. The stock and bonded indebtedness of cor- 
porations shall not be increased, except in pursuance of 
general law, nor without the consent of .the persons holding 
the larger amount in value of the stock first obtained at a 
meeting called for the purpose, first giving sixty days' pubhc 
notice, as may be provided by law. 

Sec. 9. Dues from private corporations shall be secured 
by such means as may be prescribed by law, but in no case 
shall any stockholder be individually liable in any amount 
over or above the amount of stock owned by him or her. 

Sec. 10. No corporation shall issue preferred stock with- 
out the consent of all the stockholders. 

Sec. II. The term "corporation," as used in this article, 
shall be construed to include all joint stock companies or 
associations having any powers or privileges not possessed 
by individuals or partnerships. 

RAILROADS. 

Sec. 12. It shall not be lawful in this State for any rail- 
way company to charge for freight or passengers a greater 
amount, for the transportation of the same, for a less dis- 
tance, than the amount charged for any greater distance ; 
and suitable laws shall be passed by the General Assembly 
to enforce this provision ; but excursion and commutation 
tickets may be issued at special rates. 

Sec. 13. Any railroad corporation or association, organ- 
ized for the purpose, shall have the right to construct and 
operate a railroad between any points within this State, and 
to connect at the State fine with railroads of other States. 
Every railroad company shall have the right, with its road, 
to intersect, connect with or cross any other railroad, and 
shall receive and transport each the other's passengers, 
tonnage and cars, loaded or empty, without delay or dis- 
crimination. 



340 CIVIL GOVERNMENT OF MISSOURI. 

Sec. 14. Railways heretofore constructed, or that may 
hereafter be constructed in this State, are hereby declared 
public highways, and railroad companies common carriers. 
The General Assembly shall pass laws to correct abuses and 
prevent unjust discrimination and extortion in the rates of 
freight and passenger tariffs on the different railroads in this 
State ; and shall, from time to time, pass laws establishing 
reasonable maximum rates of charges for the transportation 
of passengers and freight on said railroads, and enforce all 
such laws by adequate penalties. 

Sec. 15. Every railroad or other corporation, organized 
or doing business in this State under the laws or authority 
thereof, shall have and maintain a public office or place in 
this State for the transaction of its business, where transfers 
of stock shall be made, and where shall be kept, for public 
inspection, books in which shall be recorded the amount of 
capital stock subscribed, the names of the owners of the 
stock, the amounts owned by them respectively, the amount 
of stock paid, and by whom, the transfer of said stock, with 
the date of transfer, the amount of its assets and liabilities, 
and the names and places of residence of its officers. The 
directors of every railroad company shall hold one meeting 
annually in this State, public notice of which shall be given 
thirty days previously, and shall report annually, under oath, 
to the State Auditor, or some officer designated by law, all 
of their acts and doings, which report shall include such 
matters relating to railroads as may be prescribed by law. 
The General Assembly shall pass laws enforcing, by suitable 
penalties, the provisions of this section. 

Sec. 16. The rolling stock and all other movable prop- 
erty belonging to any railroad company or corporation in 
this State shall be considered personal property, and shall 
be liable to execution and sale in the same manner as the 
personal property of individuals ; and the General Assembly 
shall pass no law exempting any such property from execu- 
tion and sale. 

Sec. 17. No railroad or other corporation, or the lessees, 



STATE CONSTITUTION. 34I 

purchasers or managers of any railroad corporation, shall 
consolidate the stock, property or franchises of such corpo- 
ration with, or lease or purchase the works or franchises of, 
or in any way control, any railroad corporation owning or 
having under its control a parallel or competing line ; nor 
shall any officer of such railroad corporation act as an 
officer of any other railroad corporation owning or having 
the control of a parallel or competing line. The question 
whether railroads are parallel or competing Unes shall, when 
demanded, be decided by a jury, as in other civil issues. 

Sec. 18. If any railroad company organized under the 
laws of this State shall consolidate, by sale or otherwise, 
with any railroad company organized under the laws of any 
other State, or of the United States, the same shall not 
thereby become a foreign corporation ; but the courts of 
this State shall retain jurisdiction in all matters which may 
arise, as if said consoHdation had not taken place. In no 
case shall any consohdation take place, except upon public 
notice of at least sixty days to all stockholders, in such 
manner as may be provided by law. 

Sec. 19. The General Assembly shall pass no law for 
the benefit of a railroad or other corporations, or any in- 
dividual or association of individuals, retrospective in its 
operation, or which imposes on the people of any county 
or municipal subdivision of the State a new liabihty in re- 
spect to transactions or considerations already past. 

Sec. 20. No law shall be passed by the General Assem- 
bly granting the right to construct and operate a street 
railroad within any city, town, village, or on any pubHc 
highway, without first acquiring the consent of the local 
authorities having cotitrol of the street or highway proposed 
to be occupied by such street railroad ; and the franchises 
so granted shall not be transferred without similar assent 
first obtained. 

Sec. 21. No railroad corporation in existence at the time 
of the adoption of this Constitution shall have the benefit 
of any future legislation, except on condition of complete 



342 CIVIL GOVERNMENT OF MISSOURI. 

acceptance of all the provisions of this Constitution appli- 
cable to railroads. 

Sec. 2 2, No president, director, officer, agent or employe 
of any railroad company shall be interested, directly or in- 
directly, in furnishing material or supplies to such company, 
or in the business of transportation as a common carrier of 
freight or passengers over the works owned, leased, con- 
trolled or worked by such company. 

Sec. 23. No discrimination in charges or facilities in 
transportation shall be made between transportation com- 
panies and individuals, or in favor of either, by abatement, 
drawback or otherwise ; and no railroad company, or any 
lessee, manager or employe thereof, shall make any prefer- 
ence in furnishing cars or motive power. 

Sec. 24. No railroad or other transportation company 
shall grant free passes or tickets, or passes or tickets at a 
discount, to members of the General Assembly, or members 
of the Board of Equalization, or any State or county or 
municipal officers ; and the acceptance of such pass or 
ticket, by a member of the General Assembly, or any such 
officer, shall be a forfeiture of his office. 

BANKS. 

Sec. 25. No State bank shall hereafter be created, nor 
shall the State own or be liable for any stock in any corpo- 
ration, or joint stock company, or association for banking 
purposes, now created or hereafter to be created. 

Sec. 26. No act of the General Assembly authorizing 
or creating corporations or associations with banking powers 
(except banks of deposit or discount), nor amendments 
thereto, shall go into effect, or in any manner be enforced, 
unless the same shall be submitted to a vote of the qualified 
voters of the State, at the general election next succeeding 
the passage of the same, and be approved by a majority 
of the votes cast at such election. 

Sec. 27. It shall be a crime, the nature and punishment 
of which shall be prescribed by law, for any president, 



STATE CONSTITUTION. 343 

director, manager, cashier or other officer of any banking 
institution, to assent to the reception of deposits, or the 
creation of debts by such banking institution, after he shall 
have had knowledge of the fact that it is insolvent, or in 
failing circumstances ; and any such officer, agent or man- 
ager shall be individually responsible for such deposits so 
received, and all such debts so created with his assent. 

Article XIII. — militia. 

Section i. All able-bodied male inhabitants of this State 
between the ages of eighteen and forty-five years, who are 
citizens of the United States, or have declared their inten- 
tion to become such citizens, shall be hable to military duty 
in the militia of this State : Pi^ovided, that no person who 
is religiously scrupulous of bearing arms can be compelled 
to do so, but may be compelled to pay an equivalent for 
military service, in such manner as shall be prescribed by law. 

Sec. 2. The General Assembly, in providing for the or- 
ganization, equipment and discipline of the militia, shall 
conform, as nearly as practicable, to the regulations for the 
government of the armies of the United States. 

Sec. 3. Each company and regiment shall elect its own 
company and regimental officers ; but if any company or 
regiment shall neglect to elect such officers within the time 
prescribed by law, or by the order of the Governor, they 
may be appointed by the Governor. 

Sec. 4. Volunteer companies of infantry, cavalry and 
artillery may be formed in such manner and under such 
restrictions as may be provided by law. 

Sec. 5. The volunteer and militia forces shall in all cases, 
except treason, felony and breach of the peace, be privileged 
from arrest during their attendance at musters, parades and 
elections, and in going to and returning from the same. 

Sec. 6. The Governor shall appoint the Adjutant-Gen- 
eral, Quartermaster- General and his other staff officers. 
He shall also, with the advice and consent of the Senate, 
appoint all major-generals and brigadier-generals. 



344 CIVIL GOVERNMENT OF MISSOURI. 

Sec. 7. The General Assembly shall provide for the safe 
keeping of the public arms, military records, banners and 
relics of the State. 

Article XIV. — miscellaneous provisions. 

Section i. The General Assembly of this State shall 
never interfere with the primary disposal of the soil by the 
United States, nor with any regulation which Congress 
may find necessary for securing the title in such soil to bona 
fide purchasers. No tax shall be imposed on lands the 
property of the United States ; nor shall lands belonging to 
persons residing out of the limits of this State ever be taxed 
at a higher rate than the lands belonging to persons residing 
within the State. 

Sec. 2. No person shall be prosecuted in any civil action 
or criminal proceeding for or on account of any act by him 
done, performed or executed between the first day of Jan- 
uary, one thousand eight hundred and sixty-one, and the 
twentieth day of August, one thousand eight hundred and 
sixty-six, by virtue of military authority vested in him, or in 
pursuance of orders from any person vested with such 
authority by the government of the United States, or of this 
State, or of the late Confederate States, or any of them, to 
do such act. And if any action or proceedings shall have 
been or shall hereafter be instituted against any person for 
the doing of any such act, the defendant may plead this 
section in bar thereof. 

Sec. 3. No person who shall hereafter fight a duel, or 
assist in the same as a second, or send, accept or knowingly 
carry a challenge therefor, or agree to go out of the State 
to fight a duel, shall hold any office in this State. 

Sec. 4. No person holding an office of profit under the 
United States shall, during his continuance in such office, 
hold any office of profit under this State. 

Sec. 5. In the absence of any contrary provision, all 
officers now or hereafter elected or appointed, subject to 
the right of resignation, shall hold office during their official 



STATE CONSTITUTION. 345 

terms, and until their successors shall be duly elected or 
appointed and qualified. 

Sec. 6. All officers, both civil and military, under the 
authority of this State, shall, before entering on the duties of 
their respective offices, take and subscribe an oath, or 
affirmation, to support the Constitution of the United States 
and of this State, and to demean themselves faithfully in 
office. 

Sec. 7. The General Assembly shall, in addition to other 
penalties, provide for the removal from office of county, 
city, town and township officers, on ' conviction of willful, 
corrupt or fraudulent violation or neglect of official duty. 

Sec. 8. The compensation or fees of no State, county or 
municipal officer shall be increased during his term of 
office ; nor shall the term of any office be extended for a 
longer period than that for which such officer was elected 
or appointed. 

Sec. 9. The appointment of all officers, not otherwise 
directed by this Constitution, shall be made in such manner 
as may be prescribed by law. 

Sec. 10. The General Assembly shall have no power to 
authorize lotteries or gift enterprises for any purpose, and 
shall pass laws to prohibit the sale of lottery or gift enter- 
prise tickets, or tickets in any scheme in the nature of a lot- 
tery, in this State ; and all acts or parts of acts heretofore 
passed by the Legislature of this State, authorizing a lottery 
or lotteries, and all acts amendatory thereof or supplemental 
thereto, are hereby avoided. 

Sec. II. It shall be the duty of the grand jury in each 
county, at least once a year, to investigate the official acts 
of all officers having charge of public funds, and report the 
result of their investigations in writing to the court. 

Sec. 12. Senators and representatives shall, in all cases, 
except treason, felony or breach of the peace, be privileged 
from arrest during the session of the General Assembly, 
and for fifteen days next before the commencement and 
after the termination of each session ; and for any speech 



346 CIVIL GOVERNMENT OF MISSOURI. 

or debate in either house they shall not be questioned in 
any other place. 

Article XV. — mode of amending the constitution. 

Section i. This Constitution may be amended and re- 
vised only in pursuance of the provisions of this article. 

Sec. 2. The General Assembly may, at any time, propose 
such amendments to this Constitution as a majority of the 
members elected to each house shall deem expedient ; and 
the vote thereon shall be taken by yeas and nays and en- 
tered in full on the journals. The proposed amendments 
shall be published with the laws of that session, and also 
shall be published weekly in some newspaper, if such there 
be, within each county in the State, for four consecutive 
weeks next preceding the general election then next ensuing. 
The proposed amendments shall be submitted to a vote of 
the people, each amendment separately, at the next general 
election thereafter, in such manner as the General Assembly 
may provide. If a majority of the qualified voters of the 
State, voting for and against any one of said amendments, 
shall vote for such amendment, the same shall be deemed 
and taken to have been ratified by the people, and shall be 
valid and binding, to all intents and purposes, as a part of 
this Constitution. 

Sec. 3. The General Assembly may at any time authorize, 
by law, a vote of the people to be taken upon the question 
whether a convention shall be held for the purpose of revis- 
ing and amending the Constitution of this State ; and if at 
such election a majority of the votes on the question be in 
favor of a convention, the Governor shall issue writs to the 
sheriffs of the different counties, ordering the election of 
delegates to such a convention, on a day not less than three 
and within six months after that on which the said question 
shall have been voted on. At such election each Senatorial 
district shall elect two delegates for each Senator to which 
it may then be entitled in the General Assembly, and every 
such delegate shall have the qualifications of a State Senator. 



STATE CONSTITUTION. 347 

The election shall be conducted in conformity with the 
laws regulating the election of Senators. The delegates so 
elected shall meet at such time and place as may be pro- 
vided by law, and organize themselves into a convention, 
and proceed to revise and amend the Constitution ; and the 
Constitution, when so revised and amended, shall, on a day 
to be therein fixed, not less than sixty days nor more than 
six months after that on which it shall have been adopted 
by the convention, be submitted to a vote of the people for 
and against it, at an election to be held for that purpose ; 
and if a majority of all the votes given be in favor of such 
Constitution, it shall, at the end of thirty days after such 
election, become the Constitution of this State. The result 
of such election shall be made known by proclamation by 
the Governor. The General Assembly shall have no power, 
otherwise than in this section specified, to authorize a con- 
vention for revising and amending the Constitution. 

Done in Convention, at the Capitol, in the City of Jeffer- 
son, on the second day of August, in the year of our Lord 
one thousand eight hundred and seventy-five, and of the 
Independence of the United States the one hundredth. 

WALDO P. JOHNSON, President, St. Clair county. 
N. W. WATKINS, Vice-President, Scott county. 



348 CIVIL GOVERNMENT OF MISSOURI. 



AMENDMENT TO THE CONSTITUTION. 

Adopted at the general election held on the Tuesday next 
following the first Monday in November, 1884. 

Section i. The jurisdiction of the St. Louis Court of 
Appeals is hereby extended so as to be coextensive with the 
counties of Monroe, Shelby, Knox, Scotland, Clark, Lewis, 
Marion, Ralls, Pike, Lincoln, Warren, St. Charles, St. Louis, 
Jefferson, Ste. Genevieve, Perry, Cape Girardeau, Scott, 
Mississippi, New Madrid, Pemiscot, Dunklin, Stoddard, 
Wayne, Bollinger, Madison, St. Fran9ois, Washington, 
Franklin, Crawford, Iron, Reynolds, Carter, Butler, Ripley, 
Oregon, Shannon, Dent, Phelps, Pulaski, Texas, Howell, 
Ozark, Douglas, Wright, Laclede, Webster, Christian, 
Taney, Stone, Greene, Lawrence, Barry, Newton, and Mc- 
Donald, as well as the city of St. Louis ; and each judge 
thereof, when hereafter elected, shall be elected by the 
qualified voters of the counties and of the city under the 
jurisdiction of said court, and shall be a resident of the said 
territorial appellate district. 

Sec. 2. There is hereby established at Kansas City an 
appellate court, to be known as the Kansas City Court of 
Appeals, the jurisdiction of which shall be coextensive with 
all the counties in the State except those embraced in the 
jurisdiction of the St. Louis Court of Appeals. There shall 
be held in each year two terms of said Kansas City Court 
of Appeals, one on the first Monday of March and one on 
the first Monday of October. The Kansas City Court of 
Appeals shall consist of three judges, who shall be elected 
by the qualified voters of the counties under the jurisdiction 
of said court, and shall be residents of said territorial appel- 
late district. 

Sec. 3. The General Assembly shall have power by law 
to create one additional court of appeals, with a new district 



STATE CONSTITUTION. 349 

therefor ; to change the Hmits of the appellate districts, and 
the names of the courts of appeals, designating the districts 
by numbers or otherwise ; to change the time of holding 
the terms of said courts ; to increase or diminish the pecun- 
iary limit of the jurisdiction of the courts of appeals ; to 
provide for the transfer of cases from one court of appeals 
to another court of appeals ; to provide for the transfer of 
cases from a court of appeals to the Supreme Court, and to 
provide for the hearing and determination of such cases by 
the courts to which they may be transferred. 

Sec. 4. The first term of said Kansas City Court of Ap- 
peals shall be held on the first Monday of March in the 
year 1885, and the first judges thereof shall, upon the adop- 
tion of this amendment, be appointed by the Governor of 
said State for the term of four years each, beginning on the 
first day of January, 1885, and at the general election in the 
year 1888, the first election for the judges of said court 
shall be held, and the provisions of the Constitution of the 
State concerning the organization, the judges, the powers, 
the jurisdiction and proceedings of the St. Louis Court of 
Appeals as herein amended, shall in all appropriate respects 
apply to the Kansas City Court of Appeals, and to such 
additional court of appeals as may be by law created. 

Sec. 5. In all causes or proceedings reviewable by the 
Supreme Court, writs of error shall run from the Supreme 
Court directly to the circuit courts and to courts having the 
jurisdiction pertaining to circuit courts, and in all such 
causes or proceedings, appeals shall lie from such trial 
courts directly to the Supreme Court, and the Supreme 
Court shall have exclusive jurisdiction of such writs of error 
and appeals, and shall in all such cases exclusively exercise 
superintending control over such trial courts. 

Sec. 6. When any one of said courts of appeals shall in 
any cause or proceeding render a decision which any one 
of the judges therein sitting shall deem contrary to any pre- 
vious decision of any one of said courts of appeals, or of 
the Supreme Court, the said court of appeals must, of its 



350 CIVIL GOVERNMENT OF MISSOURI. 

own motion, pending the same term and not afterward, cer- 
tify and transfer said cause or proceeding and the original 
transcript therein to the Supreme Court, and thereupon the 
Supreme Court must rehear and determine said cause or 
proceeding, as in case of jurisdiction obtained by ordinary 
appellate process ; and the last previous rulings of the Su- 
preme Court on any question of law or equity shall, in all 
cases, be controlling authority in said courts of appeals. 

Sec. 7. All cases which may be pending in the Supreme 
Court at the time of the adoption of this amendment, which 
have not been submitted, and which by its terms would 
come within the territorial appellate jurisdiction of the Kan- 
sas City Court of Appeals, shall be certified and transferred 
to such court to be heard and determined by it. 

Sec. 8. The Supreme Court shall have superintending 
control over the courts of appeals by mandamus, prohibition 
and certiorari. 

Sec. 9. The State shall provide a suitable court-room at 
Kansas City, in which the Kansas City Court of Appeals 
shall hold its sessions ; also a clerk's office and furnished 
offices for the judges. 

Sec. 10. The judges of the Kansas City Court of Ap- 
peals, and of such additional coiu*t of appeals as may be 
created by law, shall each annually receive a salary of three 
thousand five hundred dollars per annum, which, together 
with the entire salaries of the judges of the St. Louis Court 
of Appeals, shall be paid out of the State treasury, as the 
salaries of the judges of the Supreme Court are now paid, 
unless otherwise provided by law. 

Sec. II. All provisions of the Constitution of this State, 
and all laws of this State which are inconsistent with this 
amendment, shall, so far as inconsistent, upon its adoption, 
be forever rescinded and of no effect. 



STATE CONSTITUTION. 351 



AMENDMENT TO THE CONSTITUTION; 

Adopted at the general election held on the Tuesday next 
following the first Monday in November, 1890. 

Section i. The Supreme Court shall consist of seven 
judges, and, after the first Monday in January, 1891, shall 
be divided into two divisions, as follows : One division to 
consist of four judges of the court and to be known as di- 
vision number one, the other to consist of the remaining 
judges and to be known as division number two. The divis- 
ions shall sit separately for the hearing and disposition or 
causes and matters pertaining thereto, and shall have con- 
current jurisdiction of all matters and causes in the Supreme 
Court, except that division number two shall have exclusive 
cognizance of all criminal cases pending in said court : 
Provided, that a cause therein may be transferred to the 
court as provided in section four of this amendment. The 
division of business of which said divisions have concurrent, 
jurisdiction shall be made as the Supreme Court may deter- 
mine. A majority of the judges of a division shall constitute 
a quorum thereof; and all orders, judgments and decrees 
of either division, as to causes and matters pending before 
it, shall have the force and effect of those of the court. 

Sec. 2. Upon the adoption of this amendment, the Gov- 
ernor shall appoint two additional judges of the Supreme 
Court, who shall hold their offices until the first Monday in 
January, 1893 ; and at the general election in the year 1892 
their successors shall be elected, who shall hold their offices 
for the term of ten years, as other judges of the Supreme 
Court. The two judges appointed by the Governor, to- 
gether with the judge elected at the general election in the 
year 1890, shall constitute division number two, and the re- 
maining judges shall constitute division number one. The 
court shall elect its Chief Justice, and each division a pre- 
siding judge thereof. 



352 



CIVIL GOVERNMENT OF MISSOURI. 



Sec. 3. The Supreme Court shall assign to each division 
the causes and matters to be heard by it, of which assign- 
ment due public notice shall be given ; and all laws relating 
to practice in the Supreme Court, as well as the rules of the 
Supreme Court, shall apply to each division so far as they 
may be applicable thereto. The opinion of each division 
shall be in writing, and shall be filed in the causes in which 
they shall be respectively made during the term at which 
the cause is submitted, and such opinions shall be a part of 
the records of the Supreme Court. Each division shall have 
authority to issue the original writs and exercise the powers 
enumerated in section three of article six of the Constitution. 

Sec. 4. When the judges of a division are equally divided 
in opinion in a cause, or when a judge of a division dissents 
from the opinion therein, or when a federal question is in- 
volved, the cause, on the application of the losing party, 
shall be transferred to the court for its decision ; or when a 
decision in which a cause is pending shall so order, the cause 
shall be transferred to the court for its decision. 

Sec. 5. Whenever in the opinion of the Supreme Court 
the state of its docket with reference to the speedy disposi- 
tion of the business of the court will justify dispensing with 
the divisions hereinbefore provided, the court shall dispense 
therewith, and the court shall thereafter hear and determine 
all causes pending in it : Provided^ however, that the court 
shall have the power to again divide itself into two divisions, 
in like manner and with hke power and effect as hereinbe- 
fore provided, whenever in the opinion of six judges thereof, 
entered of record, the condition of its docket with reference 
to the speedy disposition of the business of the court shall 
so require ; and in such division the four judges oldest in 
commission shall constitute division number one, and the 
remaining judges division number two. 

Sec. 6. All provisions of the Constitution of the State, 
and all laws thereof not consistent with this amendment, 
shall, upon its adoption, be forever rescinded and of no 
effect. 



STATE CONSTITUTION. 



353 



AMENDMENT TO THE CONSTITUTION. 

Adopted at the general election held on the Tuesday next 
following the first Monday in November, 1908. 

Section i. The legislative authority of the State shall be 
vested in a legislative assembly, consisting of a Senate and 
House of Representatives, but the people reserve to them- 
selves power to propose laws and amendments to the Con- 
stitution, and to enact or reject the same at the polls, 
independent of* the legislative assembly, and also reserve 
power at their own option to approve or reject at the polls 
any act of the legislative assembly. The first power reserved 
by the people is the initiative, and not more than eight per 
cent of the legal voters in each of at least two-thirds of the 
congressional districts in the State shall be required to pro- 
pose any measure by such petition, and every such petition 
shall include the full text of the measure so proposed. Ini- 
tiative petitions shall be filed with the Secretary of State not 
less than four months before the election at which they are 
to be voted upon. The second power is the referendum, 
. and it may be ordered (except as to laws necessary for the 
immediate preservation of the pubhc peace, health, or safety 
and laws making appropriations for the current expenses of 
the State government, for the maintenance of the State 
institutions and for the support of the pubHc schools) either 
by the petition signed by five per cent of the legal voters in 
each of at least two-thirds of the congressional districts in 
the State, or by the legislative assembly, as other bills are 
enacted. Referendum petitions shall be filed with the Sec- 
retary of State not more than ninety days after the final 
adjournment of the session of the legislative assembly which 
passed the bill on which the referendum is demanded. The 
veto power of the Governor shall not extend to measures 
referred to the people. All elections on measures re- 



354 CIVIL GOVERNMENT OF MISSOURI. 

ferred to the people of the State shall be had at the biennial 
regular general elections, except when the legislative assem- 
bly shall order a special election. Any measure referred to 
the people shall take effect and become the law when it is 
approved by a majority of the vote(r)s cast thereon, and not 
otherwise. The style of all bills shall be : " Be it enacted 
by the people of the State of Missouri." This section shall 
not be construed to deprive any member of the legislative 
assembly of the right to introduce any measure. The whole 
number of votes cast for Justice of the Supreme Court at the 
regular election last preceding the filing of any petition for 
the initiative, or for the referendum, shall be the basis on 
which the number of legal voters necessary to sign such 
petition shall be counted. Petitions and orders for the 
initiative and for the referendum shall be filed with the 
Secretary of State, and in submitting the same to the people 
he, and all other officers, shall be guided by the general laws 
and the act submitting this amendment, until legislation 
shall be especially provided therefor. 



ESSENTIALS IN AMERICAN 
HISTORY 

From the Discovery to the Present Day. By ALBERT 
BUSHNELL HART, LL.D., Professor of History, 
Harvard University 

^1.50 



PROFESSOR HART was a member of the Committee 
of Seven, and consequently is exceptionally qualified to 
supervise the preparation of a series of text-books v^hich 
carry out the ideas of that Committee. The needs of sec- 
ondary schools, and the entrance requirements to all colleges, 
are fully met by the Essentials in History Series. 
^ This volume reflects in an impressive manner the vi^riter's 
broad grasp of the subject, his intimate know^ledge of the 
relative importance of events, his keen insight into the cause 
and effect of each notew^orthy occurrence, and his thorough 
familiarity v^^ith the most helpful pedagogical features — all of 
w^hich make the w^ork unusually w^ell suited to students. 
^ The purpose of the book is to present an adequate descrip- 
tion of all essential things in the upbuilding of the country, 
and to supplement this by good illustrations and maps. 
Political geography, being the background of all historical 
knowledge, is made a special topic, while the development of 
government, foreign relations, the diplomatic adjustment of 
controversies, and social and economic conditions have been 
duly emphasized. 

•[[ All sections of the Union, North, East, South, West, and 
Far West, have received fair treatment. Much attention is 
paid to the causes and results of our various wars, but only the 
most significant battles and campaigns have been described. 
The book aims to make distinct the character and public 
services of some great Americans, brief accounts of whose lives 
are given in special sections of the text. Towards the end a 
chapter sums up the services of America to mankind. 



AMERICAN BOOK COMPANY 



J 



C119) 



ECLECTIC ENGLISH CLASSICS 

New Edition in Cloth. The 20 Cent Series 

53 Volumes, including the following: 

Addison's Sir Roger de Coverley Papers (Underwood) .... j^o.20 

Arnold's Sohrab and Rustum (Tanner) .20 

Burke's Conciliation with the American Colonies (Clark) ... .20 

Burns's Poems — Selections (Venable) .20 

Byron's Childe Harold (Canto IV), Prisoner of Chillon, Mazeppa, 

and other Selections (Venable) .20 

Carlyle's Essay on Burns (Miller) .20 

Coleridge's Ancient Mariner (Garrigues) .20 

Cooper's Pilot (Watrous). Double number .40 

Defoe's Robinson Crusoe (Stephens) .20 

Dickens's Tale of Two Cities (Pearce). Double number . . . .40 

Emerson's Essays. Selections (Smith) .20 

Franklin's Autobiography (Reid) .20 

George Eliot's Silas Marner (McKitrick) .20 

Goldsmith's Vicar of Wakefield (Hansen) .20 

Gray's Elegy in a Country Churchyard, and Goldsmith's Deserted 

Village (Van Dyke) 20 

Irving's Sketch Book — Selections (St. John) .20 

Tales of a Traveler (Rutland). Double number ...... .40 

Lincoln, Selections from (Graves) .20 

Macaulay's Essay on Addison (Matthews) .20 

Essay on Milton (Mead) .20 

Lays of Ancient Rome (Atkinson) .20 

Life of Johnson (Lucas) .20 

Essays on Lord Clive and Warren Hastings (Holmes). Double 

number ,. . . , -40 

Milton's Minor Poems (Buck) 20 

Old Testament Narratives (Baldwin) .20 

Pope's Rape of the Lock, and Essay on Man (Van Dyke) . . .20 

Scott's Ivanhoe (Schreiber). Double number .40 

Lady of the Lake (Bacon) .20 

Marmion (Coblentz) .20 

Quentin Durward (Norris). Double number 40 

Shakespeare's As You Like It (North) .20 

Hamlet (Shower) .20 

Julius Caesar (Baker) .20 

Macbeth (Livengood) 20 

Merchant of Venice (Blakely) 20 

Midsummer-Night's Dream (Haney) .20 

Twelfth Night (Weld) 20 

Stevenson's Treasure Island (Fairley) .20 

Tennyson's Idylls of the King. Selections (Willard) .20 

Princess (Shryock) .20 

Thackeray's Henry Esmond (Bissell). Triple number .... .60 
Washington's Farewell Address, and Webster's First Bunker HiU 

Oration (Lewis) 20 



A HISTORY OF ENGLISH 
LITERATURE 

By REUBEN POST HALLECK,M. A. (Yale), Louisville 
Male High School 



HALLECK'S HISTORY OF ENGLISH LITER- 
ATURE traces the development of that literature from 
the earliest times to the present in a concise, interesting, 
and stimulating manner. Although the subject is presented 
so clearly that it can be readily comprehended by high school 
pupils, the treatment is sufficiently philosophic and suggestive 
for any student beginning the study. 

^ The book is a history of literature, and not a mere col- 
lection of biographical sketches. Only enough of the facts 
of an author's life are given to make students interested in 
him as a personality, and to show how his environment 
aifected his work. Each author's productions, their rela- 
tion to the age, and the reasons why they hold a position 
in literature, receive treatment commensurate with their 
importance. 

^ One of the most striking features of the work consists in 
the way in which literary movements are clearly outlined at 
the beginning of each chapter. Special attention is given to 
the essential qualities which dilFerentiate one period from 
another, and to the animating spirit of each age. The author 
shows that each period has contributed something definite 
to the literature of England, either in laying characteristic 
foundations, in presenting new ideals, in improving literary 
form, or in widening the circle of human thought, 
^ At the end of each chapter a carefully prepared list of 
books is given to direct the student in studying the original 
works of the authors treated. He is told not only what to 
read, but also where to find it at the least cost. The book 
contains a special literary map of England in colors. 



AMERICAN BOOK COMPANY 
(90) 



A HISTORY OF AMERICAN 
LITERATURE 

By REUBEN POST HALLECK, M.A., Principal, Male 
High School, Louisville, Ky. 

^1.25 



A COMPANION volume to the author's History of Eng- 
lish Literature. It describes the greatest achievements 
in American literature from colonial times to the pres- 
ent, placing emphasis not only upon men, but also upon liter- 
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gated. Further, the relation of each period of American 
literature to the corresponding epoch of English literature 
has been carefully brought out — and each period is illumin- 
ated by a brief survey of its history. 

^ The seven chapters of the book treat in succession of 
Colonial Literature, The Emergence of a Nation (1754- 
1809), the New York Group, The New England Group, 
Salithern Literature, Western Literature, and the Eastern 
Realists To these are added a supplementary list of less 
important authors and their chief works, as well as A Glance 
Backward, which emphasizes in brief compass the most im- 
portant truths taught by American literature. 
^ At the end of each chapter is a summary which helps to 
fix the period in mind by briefly reviewing the most significant 
achievements. This is followed by extensive historical and 
literary references for further study, by a very helpful list of 
suggested readings, and by questions and suggestions, designed 
to stimulate the student's interest and enthusiasm, and to lead 
him to investigate for himself the remarkable literary record of 
American spirituality, individuality, initiative, and democratic 
aspiration and accomplishment. 

^ While within the comprehension ot secondary pupils, the 
treatment is sufficiently full and suggestive for a systematic, 
progressive study of American literature. 



HEDRICK'S ALGEBRA FOR 
SECONDARY SCHOOLS 

By E. R. HEDRICK, Professor of Mathematics, University 
of Missouri. 

$ 1 .00 



THIS volume, v^hile it meets the entrance requirements 
of American coDeges and universities, is written especi- 
ally for those students for v^hom the high school course 
is to be the last. The essential subjects are, therefore, treated 
first in the body of the book, v^hile an appendix provides for 
subjects included especially for college requirements. 
^ The book is both modern and conservative. It is mod- 
ern by its omission of undesirable material, compensated 
for by the insertion of useful interesting topics of tried w^orth, 
and by its effort to teach algebra as an integral part of mathe- 
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isolated, unusable discipHne. It is conservative in that no im- 
portant topic is eliminated and no topic is introduced for the 
sake of passing popularity or sensational novelty. The author 
has tried to embody the saner views, both radical and con- 
servative, expressed in recent reports of committees on the 
teaching of algebra. Throughout the book the transition from 
arithmetical to algebraic concepts has been made natural and 
easy. 

^ The book is teachable as well as scientific. It is distmguished 
by the simplicity of its language, the accuracy of its definitions, 
and the soundness of its treatment. The problems represent a 
wide range of subjects and deal largely with familiar objects, 
conditions, and relations ; the exercises are numerous, and the 
drills exhaustive. Graphs are handled as a normal part of alge- 
braic knowledge, without extensive discussion or ostentatious 
nomenclature. No complicated curves are used in exercises for 
the student. Valuable summaries for review are given at the 
end of each chapter. 



AMERICAN BOOK COMPANY 

(60) 



PLANE GEOMETRY DEVELOPED 
BY THE SYLLABUS METHOD 

By EUGENE RANDOLPH SMITH, A. M., Head of 

the Department of Mathematics, Polytechnic Preparatory 
School, Brooklyn, N. Y. Formerly Head of the De- 
partment of Mathematics, Montclair High School, Mont- 
clair, N. J. 

$0.75 



THIS is the only complete and thoroughly worked-out 
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^ The book contains the definitions, axioms, etc. j the state- 
ments of theorems; a discussion of methods; four kinds of 
exercises; and classified summaries of the theorems. Except 
for a few specimen proofs and some necessary hints, the de- 
monstrations are omitted, but before the work is undertaken, 
propositions having any difficulty are fully discussed in class 
with the teacher, who guides the investigation by questions 
which do not imply their own answers. The pupil is made 
&miliar with the laws of logic used in plane geometry^ and 
understands the **what" and **why" of each step. Much 
aid is given by the oral and review questions. 
^ The work is sufficient to prepare for any college, although 
the total of propositions to be proved is about fifty less than in 
the average book. The Syllabus Mei-hod is as well adapted 
to large as to small classes, and takes no more time than any 
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and their difficulties, and hence to aid them more intelligendy. 



AMERICAN BOOK COMPANY 

(314) 



ESSENTIALS IN HISTORY 



ESSENTIALS IN ANCIENT HISTORY . . ;^i.5o 

From the earliest records to Charlemagne. By ARTHUR 
MAYER WOLFSON, Ph.D., First Assistant in History, 
DeWitt Clinton High School, New York. 

ESSENTIALS IN MEDIEVAL AND MODERN 
HISTORY ^1.50 

From Charlemagne to the present day. By SAMUEL 
BANNISTER HARDING, Ph.D., Professor of Euro- 
pean History, Indiana University. 

ESSENTIALS IN ENGLISH HISTORY . . ^^1.50 

From the earliest records to the present day. By 
ALBERT PERRY WALKER, A.M., Master in His- 
tory, English High School, Boston. 

ESSENTIALS IN AMERICAN HISTORY . ^1.50 

From the discovery to the present day. By ALBERT 
BUSHNELL HART, LL.D., Professor of History, 
Harvard University. 



THESE volumes correspond to the four subdivisions re- 
quired by the College Entrance Examination Board, 
and by the New York State Education Department. 
Each volume is designed for one year's w^ork. Each of the 
v^riters is a trained historical scholar, familiar v^ith the con- 
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^ The effort has been to deal only vi^ith the things which 
are typical and characteristic; to avoid names and details 
v^hich have small significance, in order to deal more justly 
v^^ith the forces v^rhich have really directed and governed man- 
kind. Especial attention is paid to social history, as well as 
to the movements of sovereigns and political leaders. 
•[[ The books are readable and teachable, and furnish brief 
but useful sets of bibliographies and suggestive questions. 
No^ pains have been spared by maps and pictures, to furnish 
a significant and thorough body of illustration, which shall 
make the narradve distinct, memorable, and clear. 



AMERICAN BOOK COMPANY 

(130) 



ELEMENTS OF 
POLITICAL ECONOMY 

By J. LAURENCE LAUGHLIN, Ph.D., Head Pro- 
fessor of Political Economy, University of Chicago 

:gl.20 



IN the present edition the entire work i:. thoroughly revised 
and as regards both theory and praciical data is entirely 
in accord with the times. The treatment is sufficiently 
plain for even high school students. 

^ The book is in two parts: Part I, pertaining to the prin- 
ciples of political economy and containing chapters on the 
many phases of production, exchange, and distribution; and 
Part II, treating of such important topics as socialism, taxation, 
the national debt, free trade and protection, bimetallism. United 
States notes, banking, the national banking system, the labor 
problem, and cooperation. 

^ The work is equally suitable for a short or a long 
course, and contains many valuable practical exercises which 
are intended to stimulate thought on the part of the stu- 
dent. A large bibliography, footnotes, and references are 
included. 

^ Throughout the main purpose is to present a fair and 
impartial discussion of the important questions of the day, and 
to give a large amount of useful, practical information, rather 
than to devote extended space to abstract theory, 
^ Among the important features of the new edition are a 
discussion of the law of satiety, final utility, and its relation- 
ship to expenses of production in the theory of value; an 
explanation of the industrial system wherein the time element 
has created a different organization from that of primitive 
society; an adjustment of consumption to the general eco- 
nomic principles; an enlarged statement of the development 
of division of labor, and a brief discussion of large production 
and so-called ** trusts." 



AMERICAN BOOK COMPANY 



AUG 12 1912 




LIBRARY OF CONGRESS 




011 795 568 



my 



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4 



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